The conciliation proceedings may be terminated as to all parties by any of the following:
§ 1297.391.Termination As to All Parties By Declaration of Conciliator Or Parties Or Signing Settlement
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 6. Termination · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.391 ends conciliation as to all parties when the conciliator or conciliators declare in writing, after consulting the parties, that further efforts are no longer justified, when the parties themselves declare the proceedings terminated in writing, or when all parties sign a settlement agreement.
Full Text of § 1297.391
(a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration.
(b) A written declaration of the parties addressed to the conciliator or conciliators to the effect that the conciliation proceedings are terminated, on the date of the declaration.
(c) The signing of a settlement agreement by all of the parties, on the date of the agreement.
Plain-English Summary
Conciliation needs a clean way to close, whether it succeeds or fails, and this section lists the three ways that can happen for the case as a whole. The first is a written declaration from the conciliator or conciliators, made after consulting the parties, saying that continued efforts at conciliation aren't justified -- an acknowledgment that settlement isn't going to happen. The second is the mirror image: a written declaration from the parties themselves, addressed to the conciliator, saying they want the proceedings terminated.
The third way is the success story: all parties sign a settlement agreement, and the case ends because it worked. Each trigger fixes its own effective date -- the date of the declaration, or the date of the agreement -- so there's never doubt about exactly when the conciliation, and the protections and stays tied to it, came to an end.
Frequently Asked Questions
What ends conciliation for the whole dispute?
A written declaration by the conciliator or conciliators, after consulting the parties, that further efforts aren't justified; a written declaration by the parties that the proceedings are terminated; or all parties signing a settlement agreement.
Does the conciliator need to consult the parties before declaring the process over?
Yes. A conciliator's declaration that further efforts are no longer justified must come after consultation with the parties.
What is the effective date of termination under each trigger?
The date of the declaration for a conciliator's or the parties' written declaration, and the date of the agreement when the parties sign a settlement.
Is there a separate way to end conciliation as to only some parties?
Yes. Section 1297.392 covers termination as to particular parties, rather than all of them.
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: how conciliation terminates californiadeclaration ending conciliation proceedings