No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute unless all parties manifest their consent to such participation or the rules adopted for conciliation or arbitration otherwise provide.
§ 1297.393.Participation of Conciliator In Arbitral Or Judicial Proceedings of Same Dispute
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 1297.393 bars a former conciliator from serving as an arbitrator or otherwise taking part in an arbitral or judicial proceeding on the same dispute, unless every party consents or the applicable conciliation or arbitration rules provide otherwise.
Full Text of § 1297.393
Plain-English Summary
A conciliator learns things about a dispute -- and about the parties' private positions -- that an arbitrator or judge shouldn't necessarily have going in. This section keeps those roles separate. Someone who served as a conciliator in a dispute may not later be appointed as an arbitrator for that same dispute, or take part in any arbitral or judicial proceeding involving it.
That wall isn't absolute. If all parties manifest their consent to the former conciliator's participation, or if the rules governing the conciliation or arbitration otherwise provide for it, the person can cross over into the adjudicative role. Absent that consent or rule, the separation holds, protecting the candor conciliation depends on from being undermined by a later, more formal proceeding.
Frequently Asked Questions
Can a conciliator later serve as the arbitrator for the same dispute?
Only if all parties consent to that participation, or the rules adopted for the conciliation or arbitration otherwise allow it. Otherwise, the same person can't switch roles.
Why does the law separate the conciliator and arbitrator roles this way?
Because a conciliator often hears candid positions and information the parties wouldn't necessarily want an adjudicator deciding their case to have.
Does this restriction cover judicial proceedings, or only arbitration?
Both. The section bars participation in any arbitral or judicial proceeding on the same dispute, not just service as an arbitrator.
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: conciliator cannot become arbitrator same disputeformer conciliator judicial proceeding restriction