A court must not use the reference procedure under Code of Civil Procedure section 638 to appoint a person to conduct a mediation.
Cal. R. Ct. 3.900
Advisory Committee Comment
Rule 3.900 is not intended to prohibit a court from appointing a referee to conduct a mandatory settlement conference or, following the conclusion of a reference, from appointing a person who previously served as a referee to conduct a mediation.
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