California Code of Civil Procedure section 1775.7 Allows for Tolling When Case is Submitted to Mediation During Last Six Months of the Five Years Litigants Have to Bring a Case to Trial. A civil action must be brought to trial within five years after it is commenced. “If an action is . . […]
The Mediation Was Reasonably Necessary to the Conduct of the Litigation An award of costs for mediation is not statutorily proscribed, and costs may be awarded in the court’s discretion so long as they re “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” Gibson […]
Party Timely Sought to Withdraw from Mediation Prior to Appointment of Mediator The “take away” of this case comes in its opening paragraph: “Petitioners (defendants below and their attorney) seek a writ to vacate an order sanctioning them for failing to personally attend a mediation session and requiring them to participate in further […]
“I was never ruined but twice — once when I lost a lawsuit, once when I won one.” — Voltaire The purpose of this blawg is to provide an up-to-date discussion of California case law and developments concerning mediation and arbitration — the two most common varieties of “alternative dispute resolution” (ADR). For […]