Civil Litigation,
California Courts of Appeal,
Alternative Dispute Resolution
Jan. 29, 2019
Cost-shifting in mediation after Berkeley Cement ruling
A California jurist once wisely observed, “All too often attorney fees become the tail that wags the dog in litigation.”
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
A California jurist once wisely observed, "All too often attorney fees become the tail that wags the dog in litigation." Deane Gardenhome Assn. v. Dentkas, 13 Cal. App. 4th 1394, 1399 (1993). Mediators know that attorney fees can be a source of leverage in mediation, because the risk of a losing party's exposure to payment of his opponent's fees may motivate a party to settle. "Depend upon it, sir," said Samuel Johnson, "when a man knows he...
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