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§ 1297.394.Rights Or Remedies Not Waived By Submitting to Conciliation

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 1297.394 preserves a party's rights and remedies against later waiver by participating in conciliation, except for whatever rights or remedies the party gives up in a settlement agreement that results from the conciliation.

Full Text of § 1297.394

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By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement which results from the conciliation.

Plain-English Summary

Trying to settle a dispute shouldn't cost a party its underlying legal position if the attempt doesn't pan out. This section makes that guarantee explicit: submitting to conciliation doesn't waive any right or remedy the party would have had if conciliation had never been initiated.

The one exception is self-inflicted: if the conciliation produces a settlement agreement, whatever rights or remedies that agreement itself gives up are gone, because the party agreed to give them up. But short of an actual signed settlement, a party that tries conciliation and comes up empty walks away with its original rights and remedies intact, free to pursue arbitration or litigation as if conciliation had never happened.

Frequently Asked Questions

Does trying conciliation waive a party's right to later arbitrate or sue?

No. Section 1297.394 preserves any rights or remedies the party would have had absent conciliation.

Is there any way a party can lose rights through conciliation?

Yes, but only through a settlement agreement that results from the conciliation and expressly gives up those rights or remedies.

What if conciliation fails without producing a settlement?

The party keeps all the rights and remedies it would have had if it had never submitted to conciliation in the first place.

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 does not waive rightsremedies preserved after failed conciliation