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Last Modified on Sep 16, 2026
By Kent Tierney | Tierney Law Group, P.C.
If you are going through a divorce, legal separation, or nullity case in Alameda County, the court will usually set status conferences to keep the case moving. Those conferences are useful when the parties need the court’s help. They can also become a distraction when both sides are already working hard to settle outside the courtroom.
Effective January 1, 2026, Alameda County Superior Court adopted Local Rule 5.26 to address that exact situation. The rule gives couples who choose collaborative law, private mediation, or a court-appointed private judge a clear way to defer a status conference — and an equally clear way to put the case back on the court calendar if the out-of-court process stalls.
For families in Pleasanton, Dublin, Livermore, Fremont, and elsewhere in Alameda County, this is a practical local change worth understanding.
What Local Rule 5.26 Does
Rule 5.26 applies to cases for dissolution of marriage, nullity, or legal separation.
If the parties elect to resolve the case through:
- the collaborative law process,
- private mediation, or
- a court-appointed private judge,
they may file a stipulation and proposed order asking the court to defer the status conference.
The required local form is Stipulation and Order to Defer Status Conference (ALA-FL056).
On that form, both parties confirm they have elected collaborative law, mediation, or a private judge, and they stipulate to defer the status conference until a Request for Status Conference (ALA-FL057) is filed. If the court signs the order, the currently set status conference is vacated.
In plain terms: if you and your spouse are actively trying to settle the case privately, Alameda County now has a formal path to pause the status-conference calendar so you can focus on settlement instead of preparing status reports for a hearing that neither side needs yet.
Why Status Conferences Matter — and Why Deferring One Can Help
Alameda County family-law cases often include status conferences and case resolution conferences so the court can monitor progress, set deadlines, and move matters toward settlement or trial. Under Local Rule 5.45, parties generally must file a status conference questionnaire well before the hearing. That paperwork takes time and money, even when the parties are already deep into mediation.
Deferring the conference does not end the case. It simply recognizes that the parties have chosen a private dispute-resolution path and gives that process room to work without unnecessary court appearances.
This can be especially helpful when:
- Both spouses are represented and engaged in collaborative divorce
- The parties have retained a private mediator and are making progress
- A private judge has been appointed and the case is being managed outside the regular calendar
How to Get Back on Calendar If Settlement Breaks Down
Rule 5.26 also builds in an exit ramp.
If collaborative law or private mediation is unsuccessful, or if the appointment of a private judge is terminated, either party may request a status conference using Request for Status Conference (ALA-FL057).
That form asks the court to set a new status conference date, time, and department. Once the court signs the order, the case returns to active court management.
That structure matters. Couples can commit to an out-of-court process without worrying that they have permanently stepped off the court’s calendar. If settlement fails, either side can ask to resume status conferences and move the case forward under the court’s ordinary case-management tools.
How Rule 5.26 Fits With Other Alameda County Family Rules
Rule 5.26 does not replace the rest of Alameda County’s family-law local rules. It sits alongside them.
A few related points for East Bay clients:
- Private child-custody mediation already has its own local procedure under Rule 5.85 and form ALA FL-002 for appointment of a private recommending mediator. Rule 5.26 is broader: it covers collaborative law, private mediation, and private-judge resolution of the overall case, not only custody mediation.
- Continuances of status conferences still have separate procedures under Rule 5.35 (form ALA FL-035). Rule 5.26 is different. It is not a short continuance; it is a deferral tied to an ongoing private resolution process until someone requests that the conference be reset.
- Remote appearances remain available for many status and settlement conferences under Rule 5.11, but the bigger practical win under Rule 5.26 is avoiding the conference altogether while settlement work is underway.
Who Is Likely to Benefit
Rule 5.26 is most useful for Alameda County couples who:
- Can communicate productively through counsel or a mediator
- Are committed to resolving property, support, and parenting issues by agreement
- Want to reduce court appearances and the cost of repeated status filings
- Prefer collaborative divorce, private mediation, or a private judge over litigation-driven case management
It is a weaker fit if one party is disengaged, temporary emergency orders are needed, or the private process has already stalled. In those situations, keeping the case on the court’s status calendar — or promptly filing ALA-FL057 to restore it — is often the safer move.
Practical Takeaways for Pleasanton and East Bay Families
- Alameda County now expressly allows parties in divorce, nullity, and legal separation cases to defer status conferences while they pursue collaborative law, private mediation, or a private judge.
- Use form ALA-FL056 to ask the court to vacate the current status conference.
- Use form ALA-FL057 to put the case back on the status-conference calendar if the private process fails or ends.
- Deferral is a case-management tool, not a substitute for required disclosures, parenting plans, support calculations, or a complete judgment.
As with any local-rule change, forms and clerk practices can evolve. Confirm the current versions of ALA-FL056 and ALA-FL057 and any department-specific instructions before filing.
Talk With a Pleasanton Family Law Attorney
Local Rule 5.26 is a welcome update for Alameda County families who want to resolve their case privately without unnecessary court checkpoints. Whether deferring a status conference is the right move depends on how far along your settlement process is, whether both sides are participating in good faith, and what temporary orders or deadlines are already in place.
If you have questions about collaborative divorce, private mediation, private judges, or Alameda County family-law procedure, the attorneys at Tierney Law Group can help you evaluate your options.
Contact Tierney Law Group at (925) 362-3364 to schedule a consultation.
This article is for general informational purposes only and is not legal advice. Family-law outcomes depend on the specific facts of each case. Local rules, forms, and filing practices can change; confirm current Alameda County Superior Court requirements before filing.
