CHAPTER 7. Conciliation [1297.341. - 1297.432.]

Chapter 7 added by Stats. 1988, Ch. 23, Sec. 1.

§§ 1297.341–1297.432 · 19 sections

1. ARTICLE 1. Appointment of Conciliators §§ 1297.341–1297.343 · 3 sections

   • § 1297.341 It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or…
   • § 1297.342 The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights…
   • § 1297.343 The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances…
2. ARTICLE 2. Representation and Assistance § 1297.351 · 1 section

   • § 1297.351 The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be a member…
3. ARTICLE 3. Report of Conciliators §§ 1297.361–1297.362 · 2 sections

   • § 1297.361 At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and…
   • § 1297.362 No party may be required to accept any settlement proposed by the conciliator or conciliators.
4. ARTICLE 4. Confidentiality § 1297.371 · 1 section

   • § 1297.371 When persons agree to participate in conciliation under this title: (a) Evidence of anything said or of any admission made in the course of the conciliation is…
5. ARTICLE 5. Stay of Arbitration and Resort to Other Proceedings §§ 1297.381–1297.382 · 2 sections

   • § 1297.381 The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral…
   • § 1297.382 All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate…
6. ARTICLE 6. Termination §§ 1297.391–1297.394 · 4 sections

   • § 1297.391 The conciliation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the conciliator or conciliators, after…
   • § 1297.392 The conciliation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other party and…
   • § 1297.393 No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute unless…
   • § 1297.394 By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been…
7. ARTICLE 7. Enforceability of Decree § 1297.401 · 1 section

   • § 1297.401 If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators…
8. ARTICLE 8. Costs §§ 1297.411–1297.412 · 2 sections

   • § 1297.411 Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. As…
   • § 1297.412 These costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a…
9. ARTICLE 9. Effect on Jurisdiction § 1297.421 · 1 section

   • § 1297.421 Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in such proceedings, nor the entering into…
10. ARTICLE 10. Immunity of Conciliators and Parties §§ 1297.431–1297.432 · 2 sections

    • § 1297.431 Neither the conciliator or conciliators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are…
    • § 1297.432 No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of his or her role as…