Section § 1775

Explanation

This law emphasizes the importance of resolving disputes in a way that's fair, quick, and affordable. It acknowledges that going to trial can be expensive and stressful, and suggests that methods like mediation can help solve disputes more easily and save money. Mediation is encouraged especially early on in a case to avoid high costs and stress. There's a pilot project in Los Angeles (and other counties that choose) where courts can refer cases to mediation instead of going to trial. The goal is to use these alternative processes more and to save money if cases are settled before they reach trial. A survey is conducted to measure the effectiveness and savings of these programs, and success is marked by saving at least $250,000.

The Legislature finds and declares that:
(a)CA Civil Procedure Code § 1775(a) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution.
(b)CA Civil Procedure Code § 1775(b) In the case of many disputes, litigation culminating in a trial is costly, time consuming, and stressful for the parties involved. Many disputes can be resolved in a fair and equitable manner through less formal processes.
(c)CA Civil Procedure Code § 1775(c) Alternative processes for reducing the cost, time, and stress of dispute resolution, such as mediation, have been effectively used in California and elsewhere. In appropriate cases mediation provides parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes and a greater opportunity to participate directly in resolving these disputes. Mediation may also assist to reduce the backlog of cases burdening the judicial system. It is in the public interest for mediation to be encouraged and used where appropriate by the courts.
(d)CA Civil Procedure Code § 1775(d) Mediation and similar alternative processes can have the greatest benefit for the parties in a civil action when used early, before substantial discovery and other litigation costs have been incurred. Where appropriate, participants in disputes should be encouraged to utilize mediation and other alternatives to trial for resolving their differences in the early stages of a civil action.
(e)CA Civil Procedure Code § 1775(e) As a pilot project in Los Angeles County and in other counties which elect to apply this title, courts should be able to refer cases to appropriate dispute resolution processes such as judicial arbitration and mediation as an alternative to trial, consistent with the parties’ right to obtain a trial if a dispute is not resolved through an alternative process.
(f)CA Civil Procedure Code § 1775(f) The purpose of this title is to encourage the use of court-annexed alternative dispute resolution methods in general, and mediation in particular. It is estimated that the average cost to the court for processing a civil case of the kind described in Section 1775.3 through judgment is three thousand nine hundred forty-three dollars ($3,943) for each judge day, and that a substantial portion of this cost can be saved if these cases are resolved before trial.
The Judicial Council, through the Administrative Office of the Courts, shall conduct a survey to determine the number of cases resolved by alternative dispute resolution authorized by this title, and shall estimate the resulting savings realized by the courts and the parties. The results of the survey shall be included in the report submitted pursuant to Section 1775.14. The programs authorized by this title shall be deemed successful if they result in estimated savings of at least two hundred fifty thousand dollars ($250,000) to the courts and corresponding savings to the parties.

Section § 1775.1

Explanation

This law defines 'mediation' as a process where a neutral person helps people in a dispute to talk and hopefully come to an agreement they both like. Also, in general, anything a person involved in the dispute needs to do can be done by their lawyer instead, unless the title or a court says otherwise.

(a)CA Civil Procedure Code § 1775.1(a) As used in this title, “mediation” means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.
(b)CA Civil Procedure Code § 1775.1(b) Unless otherwise specified in this title or ordered by the court, any act to be performed by a party may also be performed by his or her counsel of record.

Section § 1775.2

Explanation

This law says that the rules in this title automatically apply to courts in Los Angeles County. Other counties in California can choose if they want to follow these rules. The choice to use or not use these rules can be changed by the court whenever they want. These rules can be used for any civil cases that were started or are new from January 1, 1994, onward.

(a)CA Civil Procedure Code § 1775.2(a) This title shall apply to the courts of the County of Los Angeles.
(b)CA Civil Procedure Code § 1775.2(b) A court of any county, at the option of the presiding judge, may elect whether or not to apply this title to eligible actions filed in that court, and this title shall not apply in any court which has not so elected. An election under this subdivision may be revoked by the court at any time.
(c)CA Civil Procedure Code § 1775.2(c) Courts are authorized to apply this title to all civil actions pending or commenced on or after January 1, 1994.

Section § 1775.3

Explanation

In Los Angeles County and other participating courts, civil cases that are supposed to go through arbitration can instead be sent to mediation if a judge decides so. This includes cases with requests for special types of court orders, even if a public agency or entity is involved.

(a)CA Civil Procedure Code § 1775.3(a) In the courts of the County of Los Angeles and in other courts that elect to apply this title, all at-issue civil actions in which arbitration is otherwise required pursuant to Section 1141.11, whether or not the action includes a prayer for equitable relief, may be submitted to mediation by the presiding judge or the judge designated under this title as an alternative to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3.
(b)CA Civil Procedure Code § 1775.3(b) Any civil action otherwise within the scope of this title in which a party to the action is a public agency or public entity may be submitted to mediation pursuant to subdivision (a).

Section § 1775.4

Explanation

This law says that if a case is sent to arbitration, it can't also be sent to mediation. Similarly, if it's sent to mediation, it shouldn't go to arbitration. Basically, a case can be either mediated or arbitrated, but not both.

An action that has been ordered into arbitration pursuant to Section 1141.11 or 1141.12 may not be ordered into mediation under this title, and an action that has been ordered into mediation pursuant to Section 1775.3 may not be ordered into arbitration pursuant to Section 1141.11.

Section § 1775.5

Explanation

This law states that if the amount of money being disputed in a court case is more than $50,000, the court cannot require the case to go to mediation. The decision about how much money is in dispute is made using a specific method outlined in another law, and it doesn't take into account who's at fault, possible defenses, or shared blame.

The court shall not order a case into mediation where the amount in controversy exceeds fifty thousand dollars ($50,000). The determination of the amount in controversy shall be made in the same manner as provided in Section 1141.16 and, in making this determination, the court shall not consider the merits of questions of liability, defenses, or comparative negligence.

Section § 1775.6

Explanation

When a case is sent to mediation, the parties have 30 days to choose a mediator. The parties can decide how to pick and qualify the mediator. If they can't agree on someone within 15 days, the court can step in and choose one based on specific rules.

In actions submitted to mediation pursuant to Section 1775.3, a mediator shall be selected for the action within 30 days of its submission to mediation. The method of selection and qualification of the mediator shall be as the parties determine. If the parties are unable to agree on a mediator within 15 days of the date of submission of the action to mediation, the court may select a mediator pursuant to standards adopted by the Judicial Council.

Section § 1775.7

Explanation

This law states that normally, starting a mediation won't stop the clock on certain legal deadlines. However, if a case has been in mediation for four years and six months after it was initially filed, the time spent waiting after this period until a formal statement saying mediation failed won't count toward the typical five-year limit for bringing a case to court.

(a)CA Civil Procedure Code § 1775.7(a) Submission of an action to mediation pursuant to this title shall not suspend the running of the time periods specified in Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2, except as provided in this section.
(b)CA Civil Procedure Code § 1775.7(b) If an action is or remains submitted to mediation pursuant to this title more than four years and six months after the plaintiff has filed the action, then the time beginning on the date four years and six months after the plaintiff has filed the action and ending on the date on which a statement of nonagreement is filed pursuant to Section 1775.9 shall not be included in computing the five-year period specified in Section 583.310.

Section § 1775.8

Explanation

This law explains how court-appointed mediators are compensated. Basically, mediators get paid like arbitrators, but only after they file a statement saying that an agreement couldn't be reached or if the case is settled. Also, the costs related to mediation, including paying the mediators, follow the same rules as those for arbitration. Money set aside for arbitrators can be used to pay mediators.

(a)CA Civil Procedure Code § 1775.8(a) The compensation of court-appointed mediators shall be the same as the compensation of arbitrators pursuant to Section 1141.18, except that no compensation shall be paid prior to the filing of a statement of nonagreement by the mediator pursuant to Section 1775.9 or prior to settlement of the action by the parties.
(b)CA Civil Procedure Code § 1775.8(b) All administrative costs of mediation, including compensation of mediators, shall be paid in the same manner as for arbitration pursuant to Section 1141.28. Funds allocated for the payment of arbitrators under the judicial arbitration program shall be equally available for the payment of mediators under this title.

Section § 1775.9

Explanation

If people in a mediation can't agree and someone wants to end the process, the mediator must file a form saying no agreement was reached. Then, the case goes back on the schedule for a trial either by judge or jury, trying to keep the same spot it had before the mediation or getting priority on the next trial calendar.

(a)CA Civil Procedure Code § 1775.9(a) In the event that the parties to mediation are unable to reach a mutually acceptable agreement and any party to the mediation wishes to terminate the mediation, then the mediator shall file a statement of nonagreement. This statement shall be in a form to be developed by the Judicial Council.
(b)CA Civil Procedure Code § 1775.9(b) Upon the filing of a statement of nonagreement, the matter shall be calendared for trial, by court or jury, both as to law and fact, insofar as possible, so that the trial shall be given the same place on the active list as it had prior to mediation, or shall receive civil priority on the next setting calendar.

Section § 1775.10

Explanation

When people are in mediation, the things they say are protected by certain rules in the Evidence Code. These rules make sure that what is said can't be used against them later in court.

All statements made by the parties during the mediation shall be subject to Sections 703.5 and 1152, and Chapter 2 (commencing with Section 1115) of Division 9, of the Evidence Code.

Section § 1775.11

Explanation

If you take part in a mediation under a specific California law, you're still allowed to gather information or evidence from the other side, just as you normally could under the rules for civil court cases.

Any party who participates in mediation pursuant to Section 1775.3 shall retain the right to obtain discovery to the extent available under the Civil Discovery Act, Title 4 (commencing with Section 2016.010) of Part 4.

Section § 1775.12

Explanation

In a trial, mentioning the mediation or a statement saying that the parties didn’t reach an agreement (as per Section 1775.9) is considered a mistake in how the trial is conducted, which could be important for an appeal.

Any reference to the mediation or the statement of nonagreement filed pursuant to Section 1775.9 during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the purposes of Section 657.

Section § 1775.13

Explanation

This law section clarifies that existing or future alternative dispute resolution programs in trial courts are not overridden by the provisions of this title. The lawmakers want to ensure these programs continue to operate independently.

It is the intent of the Legislature that nothing in this title be construed to preempt other current or future alternative dispute resolution programs operating in the trial courts.

Section § 1775.14

Explanation

This law required the Judicial Council to report to the California Legislature by January 1, 1998, about court alternative dispute resolution (ADR) programs. The report had to include a review of ADR programs in Los Angeles County and any other courts using this title. It also needed to look at how these programs affected judicial arbitration. To make this report possible, each court using this title must provide necessary data to the Judicial Council through rules set by the Council.

(a)CA Civil Procedure Code § 1775.14(a) On or before January 1, 1998, the Judicial Council shall submit a report to the Legislature concerning court alternative dispute resolution programs. This report shall include, but not be limited to, a review of programs operated in Los Angeles County and other courts that have elected to apply this title, and shall examine, among other things, the effect of this title on the judicial arbitration programs of courts that have participated in that program.
(b)CA Civil Procedure Code § 1775.14(b) The Judicial Council shall, by rule, require that each court applying this title file with the Judicial Council data that will enable the Judicial Council to submit the report required by subdivision (a).

Section § 1775.15

Explanation

This law requires the Judicial Council, which helps oversee California's courts, to create rules for how cases should be handled when sent to mediation. It also requires coordination with other efforts to reduce delays in court cases, and allows for exceptions if a case isn't suitable for mediation.

Notwithstanding any other provision of law except the provisions of this title, the Judicial Council shall provide by rule for all of the following:
(a)CA Civil Procedure Code § 1775.15(a) The procedures to be followed in submitting actions to mediation under this act.
(b)CA Civil Procedure Code § 1775.15(b) Coordination of the procedures and processes under this act with those under the trial Court Delay Reduction Act, Article 5 (commencing with Section 68600) of Chapter 2 of Title 8 of the Government Code.
(c)CA Civil Procedure Code § 1775.15(c) Exceptions for cause from provisions of this title. In providing for exceptions, the Judicial Council shall take into consideration whether the civil action might not be amenable to mediation.