Articles on “Mediation”

FAILURE TO MEDIATE, WHEN REQUIRED BY CONTRACT, CAUSES THE PREVAILING PARTY TO FORFEIT RECOVERY OF ATTORNEY FEES

Saturday, June 26th, 2010

The California Court of Appeal for the Fourth District ruled that the standard form CAR residential purchase agreement used in California which requires the buyer and seller to mediate as a condition to an award of attorney fees in subsequent litigation is enforceable.  Consequently a prevailing party who failed to mediate prior to commencing litigation was denied recovery of $158,000 in attorney fees. Frei v. Davey  124 Cal App. 4th 1506 (2005)

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PUT TEETH IN YOUR SETTLEMENT AGREEMENTS TO END LEGAL DISPUTES IN ONE LAWSUIT INSTEAD OF MANY

Wednesday, April 10th, 2002

The California Court of Appeal in Los Angeles ruled on April 4, 2002 that parties to a settlement agreement which did not request the court to retain jurisdiction over the case, had to start a new lawsuit to enforce breaches of the settlement agreement. Wackeen v. Malis  97 CA4th 429 (2002).

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