RulesofCivilProcedure.com Civil Procedure · Every State

§ 1297.392.Termination As to Particular Parties By Declaration 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 1297.392 ends conciliation as to a particular party, without necessarily ending it for everyone else, when that party makes a written declaration to the other party and any conciliator that it is withdrawing, or when a settlement agreement is signed by only some of the parties.

Full Text of § 1297.392

Text sizeJump to: (a) (b)

The conciliation proceedings may be terminated as to particular parties by either of the following:
(a) A written declaration of a party to the other party and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to that particular party, on the date of the declaration.
(b) The signing of a settlement agreement by some of the parties, on the date of the agreement.

Plain-English Summary

A multi-party conciliation doesn't always end for everyone at the same time, and this section handles the partial exit. A single party can step out through a written declaration, addressed to the other party and to the conciliator or conciliators if any have been appointed, stating that the proceedings are terminated as to that particular party.

The other route out is a partial settlement: some, but not all, of the parties sign a settlement agreement. Either way, only the parties covered by the declaration or the settlement are affected -- the remaining parties can keep conciliating their part of the dispute even as one party's involvement wraps up.

Frequently Asked Questions

Can one party leave a multi-party conciliation while the rest continue?

Yes. A party may terminate its own participation through a written declaration to the other party and any conciliator, or by being part of a settlement signed only by some parties.

Who must receive a party's declaration of withdrawal?

The other party and the conciliator or conciliators, if any have been appointed.

Does a partial settlement end the conciliation for parties who didn't sign it?

No. It ends the proceedings only as to the parties who signed, leaving the remaining parties' conciliation unaffected by that particular agreement.

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: partial termination conciliation one partywithdrawing from multi-party conciliation