Rule 3.851. Application

(a) Circumstances applicable The rules in this article apply to mediations in which a mediator:

(1) Has agreed to be included on a superior court’s list or panel of mediators for general civil cases and is notified by the court or the parties that he or she has been selected to mediate a case within that court’s mediation program; or

(2) Has agreed to mediate a general civil case pending in a superior court after being notified by the court or the parties that he or she was recommended, selected, or appointed by that court or will be compensated by that court to mediate a case within that court’s mediation program. A mediator who is not on a superior court list or panel and who is selected by the parties is not “recommended, selected, or appointed” by the court within the meaning of this subdivision simply because the court approves the parties’ agreement to use this mediator or memorializes the parties’ selection in a court order.

(b) Application to listed firms If a court’s panel or list includes firms that provide mediation services, all mediators affiliated with a listed firm are required to comply with the rules in this article when they are notified by the court or the parties that the firm was selected from the court list to mediate a general civil case within that court’s mediation program.

(c) Time of applicability Except as otherwise provided in these rules, the rules in this article apply from the time the mediator agrees to mediate a case until the end of the mediation in that case.

(d) Inapplicability to judges The rules in this article do not apply to judges or other judicial officers while they are serving in a capacity in which they are governed by the Code of Judicial Ethics.

(e) Inapplicability to settlement conferences The rules in this article do not apply to settlement conferences conducted under rule 3.1380.

Committee Notes

(Subd (a) amended effective January 1, 2010; previously amended effective January 1, 2007, and January 1, 2009.)

(Subd (b) amended effective July 1, 2007; previously amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)

(Subd (e) amended effective January 1, 2007.)