RECOVERING MEDIATION FEES AFTER TRIAL Berkeley Cement, Inc. v. Regents of the Univ. of California (2019) 30 Cal.App.5th 1153 (Berkeley Cement) provides that a trial court may award mediation fees as costs, whether the mediation is court ordered or privately agreed to. In that matter, after completing its construction job on the Merced campus of the University of California, Berkeley Cement sued the University for extra work outside of the contract. A jury found that the…
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…
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…