California Mediation and Arbitration

Month: July 2012

In The News: Mediation Ends, Stockton Fends

July 1, 2012 · News

Stockton Goes Bankrupt       On June 28, 2012, Stockton declared bankruptcy.  The news story was widely reported.      But all is not gloom and doom.  As quoted in the New York Times, bankruptcy attorney Karol K. Denniston, who helped draft AB506, the California legislation requiring municipalities to mediate before filing a bankruptcy petition, optimistically observed:  […]

Mediation/Fees/Condition Precedent: Party Prevailing On Complaint And Cross-Complaint Can Recover Fees On Cross-Complaint Despite Failure To Request Mediation Before Filing Complaint

July 1, 2012 · Mediation: Attorney's Fees, Mediation: Condition Precedent

  For Fee Recovery, Complaint And Cross-Complaint Are Treated As Separate Actions      In Frei v. Davey, 124 Cal.App.4th 1506 (2004), the Court of Appeal made it very clear that parties need to pay attention to those pesky provisions requiring that one request mediation before filing suit, or else risk losing attorney’s fees even if […]