Civil Litigation,
Law Practice,
Alternative Dispute Resolution
Jan. 17, 2019
Are fees for voluntary mediation recoverable costs?
It is no longer an “alternative dispute resolution process,” but the primary method of case resolution in civil matters. As such, mediation is an integral part of the litigation process, and now recognized as reasonably necessary to the conduct of litigation.
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
May the fees paid for a voluntary (and unsuccessful) mediation be awarded to the prevailing party after trial, even though mediation fees are not listed as allowable costs in the Code of Civil Procedure? According to a recent case, one of first impression, it depends.
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