10 Aug: Mediation Message No. 48

A CONTRACTUAL MEDIATION PRECONDITION REQUIREMENT AND AN AWARD OF ATTORNEY’S FEES Lange v. Schilling (2008) 163 Cal.App.4th 1412 holds that a party to a contract which provides that to receive attorney’s fees and costs a prevailing party must first attempt to mediate the matter before commencing arbitration or a court action may not receive such fees for failing to comply with that condition precedent. The parties in Lange v. Schilling used a standard California residential…

10 Aug: Mediation Message No. 7

APPEARANCES AT MEDIATIONS Although the law is clear, at least as far as court-ordered mediations are concerned, that all counsel and parties (including insurance representatives) shall attend the mediation (see below, occasional non-compliance with this requirement can impede settlement. It is therefore advisable when a necessary person to the mediation cannot be present because of employment, family or geographical circumstances, that counsel for that party or entity advise the mediator of the absence and ask…