Superior Court of California, County of San Diego
Local Rules, Effective 1/1/2024
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panel have agreed to charge $150 per hour for each of the first two hours in a limited civil action, or $250 per hour
for each of the first two hours in an unlimited civil action, and their regular hourly rate thereafter for court-referred
mediation.
Mediators on the court’s approved panel may not charge parties for preparation or administrative time, but may
require that fees be deposited in advance of the mediation session and may have cancellation fees and policies.
Parties may also utilize the services of mediators who are not on the court’s approved panel. They will be charged
the mediator’s regular hourly rate and any other fees in accordance with the mediator’s policies.
E. Selection of Mediators. Parties are encouraged to make their selection at or before the time of the Case
Management Conference. Parties may utilize the on-line mediator search and submit their Mediator Selection Form
(SDSC CIV-005) via e-mail within five court days of the Case Management Conference. If they are unable to make a
selection, the case may be referred back to the court for the setting of a future hearing. If parties agree on a mediator
and alternate and notify the court before the hearing, the hearing will be vacated.
F. Timing of Mediation and Trial Dates. Cases may be referred to mediation for up to 180 days. If parties
request an extension of time for mediation, they must file a stipulation indicating the date of the future mediation
session. Alternatively, they may contact the mediator to request an extension in 30-day increments which will be
subject to approval by the court. In all cases, the court will generate a Reappointment of Mediator notice if the
extension is approved.
G.
Attendance at Mediation. All parties, their counsel and persons with full authority to settle the case must
personally attend the mediation, unless excused by the court or the mediator for good cause. If any consent to settle is
required for any reason, the party with the consent authority must be personally present at the mediation.
H. Filing of Completed ADR-100. The mediator shall complete, serve, and file form ADR-100 with the court
within 10 days after the mediation session is concluded. (Code Civ. Proc. § 1775 et seq.) If the mediator fails to do
so, plaintiff shall, within 15 days after the mediation is concluded, file a completed form ADR-100 with the court and
serve a copy thereof on all parties.
(Adopted 2/28/2000; Rev. 1/1/2001; Renum. 7/1/2001; Rev. 1/1/2003; Rev. 7/1/2003; Rev. 1/1/2005; Renum.
1/1/2006; Rev. 1/1/2008; Rev. 1/1/2009; Rev. 1/1/2013; Rev. 1/1/2014; Rev. and Renum. 1/1/2019; Rev. 1/1/2024)
Rule 2.3.2.1
Mediator Complaint Procedure
Pursuant to California Rules of Court, rule 3.865 et seq., the San Diego Superior Court maintains the following
Mediator Complaint Procedure:
A. All grievances, complaints or issues concerning the conduct of a mediator on the San Diego Superior Court’s
Civil Mediation Panel must be referred initially to the ADR Administrator, who has been designated as the Complaint
Coordinator. Contact information for the ADR Administrator can be obtained by calling the court’s Mediation
Program Office at (619) 450-7478 and/or by accessing the court’s ADR webpage at the following link:
https://www.sdcourt.ca.gov/sdcourt/civil2/adr2.
B. After sending the complainant a written acknowledgment that the court has received the complaint, the ADR
Administrator will conduct a preliminary review of the complaint to determine whether or not the complaint can be
resolved informally and closed. If the complaint is resolved informally or closed after preliminary review, the ADR
Administrator will send the complainant written notification that the complaint has been informally resolved and/or
closed.
C. If the ADR Administrator initiates a complaint against a mediator on the Court’s Panel, the complaint will
be referred to the Chair(s) of the Bench ADR Committee, who will determine if the complaint can be summarily
resolved and closed or if the complaint must be further investigated.
D. If it is determined that further investigation is warranted, the ADR Administrator will send the mediator
written notice of the complaint, and the mediator will have 20 days from the mailing of said notice to provide the court
with a written response. The Chair(s) of the ADR Committee will designate an individual who has experience as a
mediator and who is familiar with the rules of conduct for mediators set forth in California Rules of Court, rule 3.850
et seq., or will establish a complaint committee that has at least one such individual as a member, to conduct the
investigation and prepare a written recommendation concerning court action on the complaint. The Chair(s) of the ADR
Committee and/or their designee may determine that the mediator will be removed from the active/eligible list pending
the final decision on the complaint.
E. The final decision on the complaint will be made by the Presiding Judge or his or her designee, who did not
conduct the investigation, and the final decision will be communicated to both the complainant and the mediator in
writing. The final decision-maker may take one or more of the following action(s): direct that no action be taken on the