California, United States of America
The following excerpt is from Gaines v. Fid. Nat'l Title Ins. Co., 199 Cal.Rptr.3d 137, 365 P.3d 904, 62 Cal.4th 1081 (Cal. 2016):
2 The sole explanation the majority provides is a parenthetical citation of the statutory rules governing cases submitted to mediation under the civil action mediation program created by Code of Civil Procedure section 1775 et seq. Defendants themselves, however, appear to have conceded these provisions "are not directly applicable to this case" because the case was not submitted to mediation pursuant to the civil action mediation program. It is, moreover, unclear whether section 1775 et seq.could have any application to private mediation, as this mediation appears to have been. (See Castillo v. DHL Express (USA ) (2015) 243 Cal.App.4th 1186, 1197, 197 Cal.Rptr.3d 210 [interpreting section 1775 et seq. to apply "only to court-annexed mediation programs" and not private mediation].) No party has asked us to resolve that question in this case.
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