Frei v. Davey

Opinion

FYBEL, J.

Introduction

Mediation using a neutral professional is often an effective and efficient way to resolve legal disputes. The California Legislature, 1 businesses, consumers, and lawyers have all recognized the benefits of mediation.

Many written contracts include provisions requiring the parties to mediate before filing a lawsuit or arbitration proceeding, and conditioning recovery of attorney fees by a prevailing party on an attempt to mediate. The standard form residential purchase agreement used in California has a recently added clause providing that a prevailing party in…