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§ 1297.431.Immunity While Present In State For Conciliation Purposes

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 7. Conciliation · Article 10. Immunity of Conciliators and Parties · Enacted 1988 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.431 shields conciliators, the parties, and their representatives from service of process in any civil matter while they are present in California solely to arrange for or take part in conciliation under this title.

Full Text of § 1297.431

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Neither the conciliator or conciliators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are present in this state for the purpose of arranging for or participating in conciliation pursuant to this title.

Plain-English Summary

Getting people to the table for conciliation is harder if showing up means risking a process server at the door. This section removes that risk. While the conciliator or conciliators, the parties, and their representatives are present in California for the purpose of arranging for or participating in conciliation under this title, none of them can be served with process in any civil matter.

The protection is tied specifically to that purpose and that presence -- it isn't a general immunity from being sued, just a shield against being served while physically in the state to make conciliation happen. That narrow but practical protection encourages out-of-state parties and their representatives to travel to California for conciliation without fear that the trip itself becomes an opportunity for someone to serve them with unrelated litigation papers.

Frequently Asked Questions

Can a party be served with process while attending conciliation in California?

No, not in a civil matter, so long as their presence in the state is for arranging or participating in conciliation under this title.

Who is protected by this immunity from service?

The conciliator or conciliators, the parties, and their representatives.

Does this protect someone from ever being served, even outside the conciliation context?

No. The protection is limited to service while the person is present in California for the purpose of the conciliation itself.

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: immunity from service of process conciliationprotection for parties attending conciliation california