TL;DR:
Mediation is often required in Los Angeles civil court, especially in cases valued under $50,000 or when the court selects mediation under the Civil Action Mediation Program. California courts may order parties to attend mediation before trial as part of case management. To comply, parties must select a mediator, exchange materials, attend sessions, and file required forms like ADR-100. Failing to participate in ordered mediation can lead to sanctions or trial delays.
Civil lawsuits in Los Angeles CA can drag on for years, costing you time, money, and energy. That’s why California courts increasingly steer parties toward mediation. But is mediation optional, or is it required before trial? Here’s what you need to know.
When Is Mediation Required By The Court?
Before you prepare for trial, the court might send you down a different path, mediation. But under what circumstances does a judge make that call for you?
Under California Code of Civil Procedure (CCP) §§ 1775–1785, courts may order civil cases into mediation if:
- The amount in controversy is $50,000 or less per plaintiff.
- The case is filed in a county, like Los Angeles, that has opted into the Civil Action Mediation Program.
- All parties stipulate in writing to mediation.
The Los Angeles Superior Court actively uses this program, especially in limited jurisdiction matters and early-stage civil cases.
When The Court Will Assign Your Case To Mediation
You may be assigned to mediation at your Case Management Conference (CMC), typically 4 to 6 months after filing. Judges assess whether your dispute qualifies and issue an ADR-101 form notifying you of the assignment.
Exceptions To Mandatory Mediation
Some cases are excluded by statute:
- Cases already ordered to judicial arbitration under CCP §§ 1141.11–1141.12.
- Cases involving family law, juvenile, or probate court.
- Cases where prior stipulations to mediation have failed.
If the court does order mediation, it’s not optional. The burden falls on you to follow a series of required steps, including selecting a mediator, preparing documentation, and attending sessions in good faith. Let’s break down what you’ll need to do to stay in compliance.
What You Must Do If Ordered To Mediate
If your Los Angeles case is assigned to mediation, compliance is mandatory. Here’s what you must do:
1. Select A Mediator
You and the opposing party have 15 days from the assignment to agree on a mediator. If not, the court will appoint one for you under California Code of Civil Procedure (CCP) § 1775.6.
2. Prepare Materials
Each party must prepare a confidential mediation brief. It should include:
- Summary of facts and legal issues.
- Key documents, such as contracts and emails.
- Settlement proposals and offers made to date.
These materials set the foundation for a productive session. Without them, you risk wasting time and losing credibility with both the mediator and the court.
3. Attend Mediation Sessions
Mediation is usually completed in one or two sessions, lasting several hours. You must attend with full settlement authority, meaning you can sign on the dotted line.
4. File ADR Forms
After mediation, the mediator files an ADR-100 stating whether the case was resolved. If settled, file a Notice of Settlement and later a Request for Dismissal (CIV-110).
Handling court-ordered mediation is about positioning yourself to resolve the case on your terms. But why are courts pushing mediation so hard in the first place? Let’s look at what’s driving this shift and how it benefits both sides.
Why Courts Push For Mediation
California courts are overcrowded. Mediation reduces trial backlog and helps parties resolve disputes on their own terms. It’s also:
- Faster than trial, often resolved in just weeks or a few months.
- Cheaper overall, with significant savings on litigation costs and professional fees.
- Completely confidential, keeping your dispute out of the public record.
For judges and litigants, mediation offers a practical path forward. It cuts delays, reduces expenses, and keeps control in the hands of the parties. But mediation isn’t the only option on the table.
Mediation Vs. Other ADR Options
Alternative Dispute Resolution (ADR) in California isn’t one-size-fits-all. Depending on your case and strategy, you may consider mediation, arbitration, or early neutral evaluation. Each method brings its own balance of control, cost, and enforceability. Here’s how they stack up.
|
ADR Type
|
Binding?
|
Neutral Decides Outcome
|
Court-Enforced?
|
|---|---|---|---|
|
Mediation
|
No
|
No
|
Only if settled
|
|
Arbitration
|
Yes
|
Yes
|
Yes
|
|
Early Neutral Eval.
|
No
|
Advisory
|
No
|
Understanding your ADR options is critical to making informed choices about how your case proceeds. But even when mediation doesn’t end in a signed agreement, it’s not the end of the road. So, what happens next if your case doesn’t settle?
What Happens If Mediation Fails?
If mediation doesn’t result in a settlement, your case moves forward on the litigation track. The court will typically set a trial date and allow standard pretrial procedures to resume, including further discovery and motion practice.
You may also be referred to a second round of ADR, such as a judicial settlement conference or arbitration, depending on your case’s complexity. While a failed mediation might feel like a setback, it often sharpens the issues and clarifies each side’s position, potentially paving the way for later resolution.
Navigating what comes after a failed mediation can be challenging, especially if deadlines are tightening and stakes are rising. That’s where our team steps in.
Los Angeles Civil Litigation Lawyers Will Assist You
At Los Angeles Civil Litigation Lawyers, we position you for a strategic resolution that protects your time, your finances, and your future. Whether your case is just entering the case management phase or you’ve already been ordered to mediation, we’ll ensure you’re fully prepared.
We help you comply with court rules and advocate effectively throughout the process. From selecting the right mediator to drafting persuasive mediation briefs, our team helps you move the needle toward favorable outcomes without unnecessary delays. And if mediation doesn’t work? We’re ready to litigate aggressively to protect your interests at trial.
Understanding your legal obligations is just the beginning. You need a partner who will execute every step with purpose and intention. Let’s walk through some of the most common questions we hear about mediation in Los Angeles civil court.
FAQ: Mediation In Los Angeles Civil Court
Mediation often raises new questions, especially when it’s your first time facing court-ordered ADR. Below are some of the top concerns clients bring to us, along with straight answers.
Is Mediation Always Required In Civil Court?
No, not always, but it’s common in Los Angeles CA. Courts frequently order mediation in cases with a value of under $50,000 or when parties agree to participate voluntarily under the Civil Action Mediation Program.
What Happens If I Refuse To Mediate?
Refusing to comply with a court-ordered mediation can result in sanctions or delays in your case. Judges expect good-faith participation, and resistance can damage your credibility in court.
Can I Choose My Mediator?
Yes, if all parties agree within 15 days after the mediation assignment. If not, the court will appoint a neutral from its panel.
What If Mediation Succeeds?
If your case settles, the agreement is documented in writing, and the court is notified accordingly. You’ll file a dismissal or request the court to retain jurisdiction to enforce the terms.
Still have questions about mediation or your civil case in general? We’re here to provide clear answers and strategic direction. At Los Angeles Civil Litigation Lawyers, we help you navigate court-ordered mediation and protect your interests every step of the way. Schedule a free case evaluation today, because what you do next can define your outcome.
Daniel Weiner is the Founder & Managing Attorney of Los Angeles Civil Litigation Lawyers. He advises clients across California on business & corporate disputes, commercial litigation, contract negotiations, and employment matters. Weiner earned his LLB from the University of Birmingham in 2003 and his LL.M. from Duke University School of Law in 2005. After honing his skills at Orrick, Herrington & Sutcliffe and Freshfields Bruckhaus Deringer, he now brings that global insight to local challenges. An active member of the Duke University School of Law Alumni Board and a Super Lawyers honoree for 2024 & 2025, he delivers advocacy, precision, and dedication to every case.
