If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitral tribunal duly constituted in and pursuant to the laws of this state, and shall have the same force and effect as a final award in arbitration.
§ 1297.401.Generally
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 7. Enforceability of Decree · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.401 treats a written settlement signed by the conciliator or conciliators and the parties or their representatives, once conciliation succeeds, as an arbitral award duly rendered under California law, carrying the same force and effect as a final arbitration award.
Full Text of § 1297.401
Plain-English Summary
A settlement reached through conciliation isn't worth much if there's no easy way to enforce it. This section solves that by giving a successful conciliation the same practical punch as an arbitration award. When conciliation resolves the dispute and the result is written down and signed by the conciliator or conciliators and by the parties or their representatives, the law treats that written agreement as an arbitral award, rendered by a duly constituted arbitral tribunal under California law.
That means the settlement carries the same force and effect as a final award in arbitration -- the same kind of decision that can be confirmed and enforced through the courts, rather than just a private contract a party would otherwise have to sue on to enforce like any other agreement.
Frequently Asked Questions
What happens to a settlement reached through successful conciliation?
If it's written down and signed by the conciliator or conciliators and the parties or their representatives, it's treated as an arbitral award with the same force and effect as a final arbitration award.
Does a party have to file a separate lawsuit to enforce the settlement?
No. Because the settlement is treated as an arbitral award, it can be enforced the way a final arbitration award is enforced, rather than as an ordinary contract.
Who has to sign the written settlement for this section to apply?
The conciliator or conciliators and the parties or their representatives.
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: enforcing conciliation settlement as arbitral awardconciliation agreement enforceability california