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HomeCivil CodeDiv. 4Pt. 5Ch. 10Art. 3§ 5940 Dispute Resolution Timeline Costs

§ 5940 Dispute Resolution Timeline Costs

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5940 Dispute Resolution Timeline Costs

Key Takeaways

  • •If someone agrees to solve a problem without going to court, they have 90 days to fix it. They can take more time if both sides agree in writing.
  • •The rules for sharing proof or information are the same as in other out-of-court talks, except for arbitration.
  • •Both sides have to pay for the costs of solving the problem this way.

Example

You and your neighbor argue over a tree that fell on your fence. You both agree to talk it out with a mediator instead of going to court.

You have 90 days to solve the problem with the mediator. If you need more time, you both have to sign a paper saying it’s okay. You and your neighbor will also have to pay for the mediator’s time.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5940 Dispute Resolution Timeline Costs

(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties. (b) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration. (c) The costs of the alternative dispute resolution shall be borne by the parties. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Last verified: January 21, 2026

Key Terms

Request for Resolutionalternative dispute resolution90 dayswritten stipulationChapter 2 of Division 9 of the Evidence Codearbitrationcosts

Related Statutes

  • § 5955 Enforcement Dispute Resolution Stays
  • § 5935 Dispute Resolution Request Process
  • § 5945 Tolling Enforcement Time Limits
  • § 5930 Mandatory Dispute Resolution Before Suit
  • § 5950 Enforcement Action Dispute Certification

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 5940.
View Official Source