When persons agree to participate in conciliation under this title:
§ 1297.371.Generally
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 4. Confidentiality · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.371 bars evidence of statements, admissions, and documents from conciliation from being used or compelled in a later civil action or arbitration absent the parties' consent, and empowers the court or tribunal to remedy any violation, including by restricting evidence or dismissing the case.
Full Text of § 1297.371
(a) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pursuant to law, testimony may be compelled to be given. However, this subdivision does not limit the admissibility of evidence if all parties participating in conciliation consent to its disclosure.
(b) In the event that any such evidence is offered in contravention of this section, the arbitration tribunal or the court shall make any order which it considers to be appropriate to deal with the matter, including, without limitation, orders restricting the introduction of evidence, or dismissing the case without prejudice.
(c) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the conciliation, or any copy thereof, is admissible in evidence, and disclosure of any such document shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given.
Plain-English Summary
Conciliation only works if people can speak candidly, and candor requires knowing that words spoken to reach a settlement won't come back to haunt anyone in later litigation. This section builds that protection directly into the process.
Anything said or admitted during conciliation is inadmissible, and a court can't compel its disclosure, in a later civil action -- unless every party who participated in the conciliation consents to letting it in. The same protection extends to documents: anything prepared for, during, or under the conciliation is likewise inadmissible and shielded from compelled disclosure in a later arbitration or civil action, unless the document itself says otherwise. And the protection has teeth. If someone tries to introduce protected evidence anyway, the arbitral tribunal or the court can respond with whatever order it thinks fits the situation, from limiting what evidence comes in to dismissing the case without prejudice.
Frequently Asked Questions
Can something a party said during conciliation be used against it later in court?
No, unless all parties who participated in the conciliation consent to its disclosure. Otherwise the statement is inadmissible and its disclosure can't be compelled.
Does this protection cover documents created for the conciliation, too?
Yes. Unless the document itself provides otherwise, documents prepared for, during, or pursuant to the conciliation are also inadmissible and protected from compelled disclosure in a later arbitration or civil action.
What can a court or tribunal do if protected conciliation evidence is offered anyway?
It may issue any order it considers appropriate, including restricting the introduction of the evidence or dismissing the case without prejudice.
Can the parties agree to waive this confidentiality protection?
Yes, for oral statements and admissions, by all parties who participated in the conciliation consenting to disclosure.
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 confidentiality californiastatements made in conciliation inadmissible