The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise provided in this title, other provisions of this code, the Evidence Code, or the California Rules of Court, shall not apply to conciliation proceedings brought under this title.
§ 1297.343.Manner of Conducting Proceedings
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 1297.343 lets conciliators run the proceedings as they see fit, weighing the case's circumstances, the parties' wishes, and the value of a quick settlement, and exempts conciliation from the Code of Civil Procedure, the Evidence Code, and the California Rules of Court unless this title says otherwise.
Full Text of § 1297.343
Plain-English Summary
Conciliation works best when it isn't boxed in by courtroom procedure, and this section keeps it that way. Conciliators get to run their proceedings in whatever manner they consider appropriate, guided by the circumstances of the case, what the parties want, and the value of reaching a settlement quickly.
To back that flexibility up, the section cuts conciliation loose from the procedural rulebooks that would otherwise apply. Other provisions of the Code of Civil Procedure, the Evidence Code, and the California Rules of Court don't govern conciliation proceedings under this title, except where this title itself says they do. That leaves conciliators free to design a process around settlement rather than around the formal rules of evidence and procedure built for litigation and arbitration.
Frequently Asked Questions
How much control do conciliators have over how proceedings are run?
Broad control. They may conduct proceedings as they consider appropriate, taking into account the case's circumstances, the parties' wishes, and the desirability of a speedy settlement.
Do the Evidence Code and the California Rules of Court apply to conciliation?
No, except where this title specifically says they do. Conciliation proceedings are otherwise exempt from those rules and from other Code of Civil Procedure provisions.
Why does the law free conciliation from standard procedural rules?
Because conciliation is meant to be a flexible, settlement-oriented process, not a formal adjudication bound by the rules built for litigation.
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: conciliation not bound by evidence codeconciliator discretion over proceedings