US-CaliforniaDo I need to try mediation before filing in small claims court?
No, you are not required to try mediation before filing in California small claims court, but the court may refer your case to mediation after filing.
What the Law Says
California law does not require parties to attempt mediation before filing a small claims case. However, once filed, the court may refer the case to its free mediation program — and participation is voluntary unless otherwise ordered.
Small claims court in California is designed to be simple, fast, and accessible without lawyers or formal procedures. The law explicitly allows courts to provide mediation services, but it does not mandate that you use them before filing.
Mediation in small claims is typically offered by the court at no cost and is conducted by trained neutrals. It happens after filing — usually before the hearing date — and only if both parties agree to participate (unless the court orders it in limited circumstances).
Statutory TextThe court may refer any small claims action to mediation pursuant to Chapter 4 (commencing with Section 1775) of Title 14 of Part 3 of the Code of Civil Procedure.
— Code of Civil Procedure, § 116.210 — Mediation referral
Statutory TextMediation is voluntary unless the court orders mediation under Section 1775.6.
— Code of Civil Procedure, § 1775.5 — Voluntary nature of mediation
What to Do
File your small claims case using Form SC-100 (Claim Form) at your local courthouse or online via California Courts Self-Help.
Attend your scheduled hearing date — the court may offer mediation shortly before the hearing; you may accept or decline.
If you agree to mediate, attend the session prepared with evidence and a clear idea of what resolution you’d accept.
If mediation succeeds, the agreement can be entered as a court judgment. If not, your case proceeds to hearing.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.