Legal Question in Intellectual Property in California

Re: Are mediation fees recoverable under C.C.P. s 1033.5?

They'er not specifically enumerated, but

Subsection (b)(4) says:

"Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion"

I think if the Court ordered mediation, you'd have a strong case for recovery of costs, but otherwise, probably not.

Re: Are mediation fees recoverable under C.C.P. s 1033.5?

A recent case has held that court-ordered mediation costs paid by a party can be recovered under CCP 1033.5. See Gibson v. Bobroff (1996) 49 Cal.App.4th 1202, at around pages 1209 and 1210.

Since much voluntary mediation is technically "court ordered" after the parties agree to it by checking the mediation box on a case management statement, the decision should cover most mediation.

I also suppose that if the parties decide to mediate on their own without any court order, they could include a fee-recovery provision in their agreement or stipulation to mediate.