These costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.
§ 1297.412.Apportionment
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 1297.412 splits the costs the conciliator fixes under Section 1297.411 equally between the parties unless their settlement agreement provides a different apportionment, while leaving every other expense a party incurs to be borne by that party alone.
Full Text of § 1297.412
Plain-English Summary
Once the conciliator has fixed the costs under Section 1297.411, this section decides who pays. The default is an even split -- the parties share those costs equally -- but that default gives way if the settlement agreement itself sets out a different apportionment. Parties are free to negotiate a different split as part of resolving their dispute.
Everything outside that defined set of costs stays where it falls. Any other expense a party incurs in connection with the conciliation -- its own travel, its own advisors, anything not on the Section 1297.411 list -- is borne by that party alone, with no sharing rule attached.
Frequently Asked Questions
Who pays the costs the conciliator fixes at the end of the proceedings?
The parties bear them equally, unless the settlement agreement provides for a different apportionment.
Can the parties agree to split the costs differently than equally?
Yes, through the settlement agreement, which can set its own apportionment instead of the default equal split.
What about expenses that don't fall within Section 1297.411's cost definition?
Those are borne entirely by the party that incurred them, without any sharing between the parties.
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: apportionment of conciliation costsequal split conciliation expenses california