RulesofCivilProcedure.com Civil Procedure · Every State

§ 1297.411.Conciliator to Fix Costs and Give Notice; Included In Costs

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 8. Costs · Enacted 1988 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.411 requires the conciliator to fix the costs of conciliation and give written notice to the parties once the proceedings terminate, defining costs to include the conciliator's fees and expenses, the reasonable expenses of witnesses and expert advice requested with party consent, and court costs.

Full Text of § 1297.411

Text sizeJump to: (a) (b) (c) (d) (e)

Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. As used in this article, "costs" includes only the following:
(a) A reasonable fee to be paid to the conciliator or conciliators.
(b) The travel and other reasonable expenses of the conciliator or conciliators.
(c) The travel and other reasonable expenses of witnesses requested by the conciliator or conciliators with the consent of the parties.
(d) The cost of any expert advice requested by the conciliator or conciliators with the consent of the parties.
(e) The cost of any court.

Plain-English Summary

Someone has to settle up once conciliation ends, and this section puts that job on the conciliator. Upon termination of the proceedings, the conciliator fixes the costs of the conciliation and gives the parties written notice of what those costs are.

The section also defines, narrowly, what counts as a cost for this purpose: a reasonable fee for the conciliator or conciliators; their travel and other reasonable expenses; the travel and other reasonable expenses of witnesses the conciliator requested with the parties' consent; the cost of any expert advice the conciliator requested with the parties' consent; and the cost of any court. By listing these categories specifically, the section keeps the cost accounting focused on the conciliation process itself, rather than opening the door to every incidental expense a party might have incurred along the way.

Frequently Asked Questions

Who determines the costs of the conciliation?

The conciliator, who fixes the costs and gives the parties written notice once the proceedings terminate.

What counts as a cost under this section?

A reasonable fee for the conciliator or conciliators, their travel and other reasonable expenses, the reasonable expenses of witnesses and expert advice requested with the parties' consent, and the cost of any court.

Does this cost definition include every expense a party incurred during conciliation?

No. It's limited to the specific categories the section lists; other expenses a party incurs are addressed separately under Section 1297.412.

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 fixes costs of conciliationwhat counts as conciliation costs california