Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in such proceedings, nor the entering into a conciliation agreement or settlement shall be deemed as consent to the jurisdiction of any court in this state in the event conciliation fails.
§ 1297.421.Consent to Participate Not Deemed Consent to Jurisdiction of Court of State If Conciliation Fails
Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 9. Effect on Jurisdiction · Enacted 1988 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1297.421 provides that requesting conciliation, agreeing to participate, taking part in the proceedings, or entering a conciliation agreement or settlement does not amount to consenting to the jurisdiction of any California court if the conciliation ultimately fails.
Full Text of § 1297.421
Plain-English Summary
Trying conciliation shouldn't quietly hand a party's opponent a jurisdictional foothold it wouldn't otherwise have. This section blocks that outcome directly. None of the steps a party takes toward conciliation -- requesting it, consenting to participate, taking part in the proceedings, or entering a conciliation agreement or settlement -- counts as consenting to the jurisdiction of any California court if conciliation fails.
That protection matters most for parties based outside the state, who might otherwise worry that showing up to conciliate in good faith could be twisted into an argument that they submitted to California's courts. By ruling that out, the section removes a disincentive to trying conciliation in the first place.
Frequently Asked Questions
Does agreeing to conciliate expose a party to California court jurisdiction it didn't otherwise have?
No. Section 1297.421 provides that requesting, consenting to, or participating in conciliation, or entering a conciliation agreement or settlement, doesn't count as consent to a California court's jurisdiction if conciliation fails.
Why does this protection matter for parties outside California?
It removes the worry that participating in conciliation in good faith could later be used to argue the party submitted to California's courts.
Does this section protect a party if conciliation succeeds instead of failing?
The concern this section addresses is specifically the scenario where conciliation fails; a successful conciliation instead becomes enforceable under Section 1297.401 as an arbitral award.
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 confer jurisdictionparticipating in conciliation not consent to court