Posts Tagged ‘recovery of costs’

RECOVERY OF MEDIATION COSTS

If a case does not settle at court-ordered mediation, a party may be awarded its mediation costs, including the fees paid to consultants and retained experts, if they were “reasonably related to the conduct of the litigation,” as required by Code of Civil Procedure section 1033.5, subdivision (c)(2). (Gibson v. Bobroff (1996) 49 Cal.App.4th 1202). In that personal injury action, the defendants refused to settle at a court-ordered mediation and thereafter suffered a greater judgment at the trial than their Code of Civil Procedure section 998 offer to compromise. The plaintiff’s successful cost memorandum included the fees for both an economist and a medical doctor who acted as a consultant as well as the costs of the mediation.
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