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§ 1297.351.Generally

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 2. Representation and Assistance · Enacted 1988 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.351 gives parties in conciliation the right to appear in person or to be represented or assisted by anyone of their choosing, without requiring that person to be a lawyer or licensed to practice law in California.

Full Text of § 1297.351

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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 of the legal profession or licensed to practice law in California.

Plain-English Summary

Litigation and arbitration often assume a party will show up with a lawyer. Conciliation, built to be accessible and informal, takes a looser approach, and this section spells it out. A party may appear on its own, or bring along anyone it chooses to represent or assist it.

That person doesn't need a law license. A business colleague, a technical expert, a translator, or a trusted advisor can fill the role just as well as an attorney, so long as the party wants that person there. The point isn't to keep lawyers out -- parties can certainly bring one -- but to avoid forcing a formal legal presence onto a process meant to help parties reach their own settlement.

Frequently Asked Questions

Do parties need a lawyer to participate in conciliation?

No. A party may appear in person or be represented or assisted by any person of its choosing, lawyer or not.

Can a party still choose to bring a licensed attorney?

Yes. This section doesn't exclude lawyers; it only declines to require one.

Does the representative need to be licensed to practice law in California?

No. Section 1297.351 specifically provides that the person assisting or representing a party need not be a member of the legal profession or licensed to practice law in California.

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: representation in conciliation proceedingsnon-lawyer representative conciliation california