All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this title and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the 10th day following the termination of conciliation proceedings. For purposes of this article, conciliation proceedings are deemed to have commenced as soon as (a) a party has requested conciliation of a particular dispute or disputes, and (b) the other party or parties agree to participate in the conciliation proceeding.
§ 1297.382.Limitations Periods Tolled and Periods of Prescription Extended
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 5. Stay of Arbitration and Resort to Other Proceedings · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.382 tolls or extends all applicable limitation periods, including periods of prescription, from the commencement of conciliation until the 10th day after it terminates, with commencement defined as when one party requests conciliation and another agrees to participate.
Full Text of § 1297.382
Plain-English Summary
Agreeing to try conciliation shouldn't cost a party its legal claim if the settlement talks run past a filing deadline. This section removes that risk by pausing the clock on limitation periods while conciliation is underway.
Every applicable limitation period, along with any period of prescription, is tolled or extended once conciliation proceedings commence, and stays tolled or extended for all parties to the conciliation until the 10th day after it terminates. The section also pins down exactly when the clock starts pausing: as soon as one party has requested conciliation of a particular dispute and the other party or parties have agreed to participate. Until both of those things happen, conciliation hasn't commenced for purposes of this tolling protection.
Frequently Asked Questions
Does trying conciliation risk missing a filing deadline?
No. Section 1297.382 tolls or extends all applicable limitation periods, including periods of prescription, while conciliation proceedings are pending.
When does this tolling protection start?
As soon as a party has requested conciliation of a particular dispute and the other party or parties have agreed to participate.
When does the tolling end?
On the 10th day following the termination of the conciliation proceedings.
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: tolling statute of limitations during conciliationconciliation commencement definition california