Educational guide
California Civil Mediation and Settlement Basics
A practical overview of out-of-court resolution, case-management discussions and settlement filings using official California Courts resources. It provides general information, not individualized legal advice.
- Alternative dispute resolution, or ADR, can be considered before or during a lawsuit. California Courts explains that ADR may reduce time and expense and can give the parties more control over a possible resolution.
- Understand the basic difference among options. In mediation, a neutral person helps the parties try to reach their own agreement; in arbitration, a neutral person hears the dispute and makes a decision, subject to the rules governing that arbitration.
- Check the superior court's local ADR programs, requirements and deadlines. A pending civil case may also include case-management and settlement-conference dates that continue unless the court changes them.
- Prepare a concise factual timeline, important documents, the disputed issues and a realistic range of possible outcomes. A lawyer can help evaluate an offer, negotiate with the other side or prepare for trial even if the lawyer is not handling the entire case.
- Put any resolution in a clear written agreement and confirm who will perform each obligation and by when. Ask a qualified attorney to review terms that affect releases, insurance, liens, confidentiality or future rights.
- If a pending lawsuit settles, do not assume that the case closes automatically. California Courts provides Notice of Settlement of Entire Case form CM-200 and instructions for dismissing a civil lawsuit when appropriate.
- Keep tracking court, discovery and trial deadlines until the court confirms a change or dismissal. Negotiations or mediation alone may not pause an existing deadline.
- Use the official court pages and forms below for current procedures. Whether to settle, mediate, arbitrate or proceed to trial depends on the specific facts and legal rights in the case.
Official resources
- California Courts: resolve a dispute out of court
- California Courts: case management conference
- California Courts: get help from a lawyer in a civil case
- California Courts: Notice of Settlement of Entire Case (CM-200)
- California Courts: dismiss a civil lawsuit
- California Courts: ADR Information Form (ADR-101)
This guide provides general information only and is not legal or medical advice. Rules and individual circumstances differ. In an emergency, call 911.