(a) Actions that may be submitted to mediation.
The following actions may be submitted to mediation under these provisions:
(1) By court order
Any action in which the amount in controversy, independent of the merits of liability, defenses, or comparative negligence, does not exceed $50,000 for each plaintiff. The court must determine the amount in controversy under Code of Civil Procedure section 1775.5. Determinations to send a case to mediation must be made by the court after consideration of the expressed views of the parties on the amenability of the case to mediation. The court must not require the parties or their counsel to personally appear in court for a conference held solely to determine whether to send their case to mediation.
(2) By stipulation
Any other action, regardless of the amount of controversy, in which all parties stipulate to such mediation. The stipulation must be filed not later than 90 days before trial unless the court permits a later time.
(Subd (a) amended effective January 1, 2007.)
(b) Case-by-case determination.
Amenability of a particular action for mediation must be determined on a case-by-case basis, rather than categorically.
(Subd (b) amended effective January 1, 2007.)
Rule 3.891 renumbered effective July 1, 2009; adopted as rule 1631 effective March 1, 1994; previously amended and renumbered as rule 3.871 effective January 1, 2007.