§ 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
Full Text of § 1297.351
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.