At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify their approval.
§ 1297.361.Draft Settlement
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 3. Report of Conciliators · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.361 lets conciliators prepare, at any point during the proceedings, a draft settlement that may include how costs should be split between the parties, and send it to the parties with a deadline for signaling their approval.
Full Text of § 1297.361
Plain-English Summary
Conciliation is meant to move toward a settlement, and this section gives conciliators a concrete tool for pushing things there. At any time during the proceedings, a conciliator may draft a proposed settlement and circulate it to the parties.
That draft can go further than resolving the substance of the dispute -- it may also include how the parties should split the costs of the conciliation between them. When the conciliator sends the draft out, the parties get a specified window of time to signal whether they approve it, giving both sides a defined moment to accept or reject the proposal rather than letting it linger indefinitely.
Frequently Asked Questions
When can a conciliator propose a draft settlement?
At any time during the proceedings, whenever the conciliator judges it useful to move the dispute toward resolution.
Can the draft settlement address the costs of conciliation?
Yes. The draft may include the assessment and apportionment of costs between the parties, not just the substantive terms of the dispute.
What happens after the conciliator sends out a draft settlement?
The parties are given a specified time period to signify their approval; if they don't accept, Section 1297.362 confirms no party can be forced to accept it.
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: draft conciliation settlement proposalconciliator proposes settlement terms