We Expand On Our January 17, 2019 Post About The Berkeley Cement Case. Our article entitled "Cost-shifting in mediation after Berkeley Cement ruling" appears today, in the January 29, 2019 Daily Journal. If you subscribe to the Daily Journal, then you can access the article on-line. Or you can read a short post about […]
In Its Discretion, Court May Determine That A Voluntary Mediation Was Reasonably Necessary To The Conduct Of The Mediation. "Mediation costs are not listed among the costs that are expressly allowable or expressly not allowable. (Code Civ. Proc., section 1033.5, subds. (a), (b).)" Berkeley Cement, Inc., v. Regents of the University of California, F073455, […]
Court of Appeal Reminds That “The Essence of Mediation Is Its Voluntariness” Jeld-Wen was a minor player in a complex construction dispute. It was ordered by the trial court to attend a mediation and pay its share of costs. Jeld-Wen refused to attend, and was duly ordered to attend and sanctioned. Jeld-Wen sought a […]
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 […]