Contracts
Sep. 21, 2012
'Prevailing party’ attorney fees clause put to the test
Choosing whether to comply with mediation requests could make or break your case for prevailing party attorney fees. By Phil Diamond
It is standard practice in many industries to contractually require mediation of disputes, and to give "teeth" to such requirements by conditioning the recovery of "prevailing party" attorney fees upon the parties' agreeing to first attempt to resolve their disputes through mediation. But these "prevailing party" attorney fees clauses are rarely tested.
In Cullen v. Corwin, 142 Cal. Rptr. 3rd 419 ...
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