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Code of Civil Procedure - CCP - CCP § 1297.336

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.336

The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation, or make an additional arbitral award under Section 1297.331 or 1297.334.

Code of Civil Procedure - CCP - CCP § 1297.337

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.337

Article 4 (commencing with Section 1297.311) of this chapter applies to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section.

Code of Civil Procedure - CCP - CCP § 1297.341

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.341

It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation pursuant to Section 1297.13, to resolve disputes arising from such agreements or transactions through conciliat

Code of Civil Procedure - CCP - CCP § 1297.342

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.342

The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including

Code of Civil Procedure - CCP - CCP § 1297.343

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.343

The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise pr

Code of Civil Procedure - CCP - CCP § 1297.351

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.351

The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be a member of the legal profession or licensed to practice law in California.

Code of Civil Procedure - CCP - CCP § 1297.361

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.361

At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify thei

Code of Civil Procedure - CCP - CCP § 1297.362

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.362

No party may be required to accept any settlement proposed by the conciliator or conciliators.

Code of Civil Procedure - CCP - CCP § 1297.371

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.371

When persons agree to participate in conciliation under this title: (a) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pu

Code of Civil Procedure - CCP - CCP § 1297.381

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.381

The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings.

Code of Civil Procedure - CCP - CCP § 1297.382

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.382

All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this title and all limitation periods shall remain tolled and periods of prescription extended as to all

Code of Civil Procedure - CCP - CCP § 1297.391

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.391

The conciliation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of

Code of Civil Procedure - CCP - CCP § 1297.392

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.392

The conciliation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other party and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to

Code of Civil Procedure - CCP - CCP § 1297.393

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.393

No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute unless all parties manifest their consent to such participation or the rules adopted for conciliation or arbitration otherwise

Code of Civil Procedure - CCP - CCP § 1297.394

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.394

By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement which results from the conciliation.

Code of Civil Procedure - CCP - CCP § 1297.401

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.401

If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitr

Code of Civil Procedure - CCP - CCP § 1297.41

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.41

A party who knows that any provision of this title, or any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his or her objection to noncompliance without undue delay or, if a time limit is provided for s

Code of Civil Procedure - CCP - CCP § 1297.411

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.411

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 conciliato

Code of Civil Procedure - CCP - CCP § 1297.412

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.412

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.

Code of Civil Procedure - CCP - CCP § 1297.42

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.42

For purposes of Section 1297.41, “any provision of this title” means any provision of this title in respect of which the parties may otherwise agree.

Code of Civil Procedure - CCP - CCP § 1297.421

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.421

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 e

Code of Civil Procedure - CCP - CCP § 1297.431

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.431

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.

Code of Civil Procedure - CCP - CCP § 1297.432

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.432

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.

Code of Civil Procedure - CCP - CCP § 1297.51

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.51

In matters governed by this title, no court shall intervene except where so provided in this title, or applicable federal law.

Code of Civil Procedure - CCP - CCP § 1297.61

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1297.61

The functions referred to in Sections 1297.114, 1297.115, 1297.116, 1297.134, 1297.135, 1297.136, 1297.165, 1297.166, and 1297.167 shall be performed by the superior court of the county in which the place of arbitration is located. The functions referred to in Section 1297.81 sha