The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous practices between the parties.
§ 1297.342.Guided By Principles of Objectivity, Fairness and Justice
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 1. Appointment of Conciliators · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.342 directs conciliators to be guided by objectivity, fairness, and justice, taking into account the parties' rights and obligations, trade usages, the circumstances of the dispute, and any prior dealings between the parties.
Full Text of § 1297.342
Plain-English Summary
A conciliator isn't applying a rulebook the way a judge or arbitrator might; this section supplies the values that guide the role instead. Conciliators are to act with objectivity, fairness, and justice -- broad standards suited to a process aimed at settlement rather than a binding ruling on legal rights.
The section also lists what conciliators should weigh in applying those standards: the rights and obligations the parties hold, the customs of the trade involved, the surrounding circumstances of the dispute, and any earlier dealings between the same parties. Taken together, this steers conciliators toward a settlement that fits the parties' real relationship and business context, not a mechanical outcome divorced from how the parties operate day to day.
Frequently Asked Questions
What principles must a conciliator follow?
Objectivity, fairness, and justice, considered alongside the parties' rights and obligations, trade usages, the circumstances of the dispute, and any prior practices between the parties.
Does a conciliator apply strict legal rules the way a court would?
No. The conciliator's guiding standards are broader and more flexible, aimed at fairness and an amicable settlement rather than a binding legal ruling.
Why does the section mention prior dealings between the parties?
Because a settlement that reflects how the parties have done business with each other in the past is more likely to hold up and satisfy both sides.
Amendment History
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: conciliator standards objectivity fairness justiceprinciples guiding conciliator california