No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of his or her role as a conciliator in any proceeding subject to this title.
§ 1297.432.Immunity of Conciliator
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 1297.432 immunizes anyone who serves as a conciliator from liability for damages arising out of any act or omission performed in that role in a proceeding governed by this title.
Full Text of § 1297.432
Plain-English Summary
A conciliator has to be free to guide a difficult dispute toward settlement without worrying about being sued afterward by a party unhappy with how things turned out. This section supplies that protection. No person who serves as a conciliator can be held liable in a damages action for any act or omission committed while performing the conciliator role in a proceeding under this title.
That immunity lets a conciliator propose settlement terms, push back on unreasonable positions, or decide the process isn't working, without treating every judgment call as a potential lawsuit. It's the conciliator counterpart to the service-of-process protection in Section 1297.431, and together the two provisions clear away the practical risks that might otherwise discourage someone from taking on the role.
Frequently Asked Questions
Can a conciliator be sued for damages over how they handled a conciliation?
No. Section 1297.432 immunizes anyone serving as a conciliator from liability for damages arising from acts or omissions performed in that role.
Does this immunity cover conduct outside the conciliator role?
No. It's limited to acts or omissions in the performance of the person's role as a conciliator in a proceeding subject to this title.
Why does the law protect conciliators from liability this way?
To let conciliators make the judgment calls the role requires -- proposing terms, managing the process -- without fear of being sued by a dissatisfied party.
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
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