SB 1141: Mediation: amount in controversy.

Existing law prohibits a court from ordering a case into mediation where the amount in controversy exceeds $50,000, as specified.

This bill would instead prescribe the following requirements that must be met before a court may order a case to mediation: (1) the amount in controversy must does not exceed $150,000, (2) the case has been set for trial, (3) at least one party has notified the court of its interest in mediation, (4) counsel attending the mediation must have full authority to settle the case, and (5) and (4) the parties have been notified of their option to stipulate to a mutually agreeable mediator. The bill would provide that require the court to select a mediator, at no cost to the parties, if the parties do not stipulate to a mutually agreeable mediator, as specified, then the court must select a mediator at no cost to the parties. mediator. The bill would require all parties and counsel attending the mediation to comply with specified attendance provisions set forth in the California Rules of Court. The bill would require the mediation to conclude no later than 120 days before the trial date. The bill would provide that determination and any stipulation of the amount in controversy shall be without prejudice as to any finding on the value of the case by a mediator or in a subsequent trial.