You’ve heard it before--the mediator cautions you that litigation will be very expensive. But you already knew that and advise the mediator that the litigation will also be expensive for the other side.
That is exactly the point. Both sides are probably looking at significant litigation expense. Isn’t that reason enough to consider the idea of early settlement discussions?
But there is more to consider. What about the potential for a prevailing party attorney fee award in the case? California follows the American Rule of no attorney fee shifting. In the absence of a governing contractual provision or statute, each party pays for their own attorney fees and costs. CCP §1021.
Read more in Avvo...