10 Aug: Mediation Message No. 6

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…