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p0720 Under an agreement providing for attorney fees to the prevailing party in litigation arising under it, but requiring the parties to attempt to mediate the dispute and specifically barring a party who refused to participate in mediation from later recovering attorney fees, a party who refused to participate in mediation was not entitled to attorney fees after prevailing in litigation.
FREI v DAVEY (Refusal to Mediate) 124 CA4 1506 [See: Kuhn v Department of Gen Svcs 22 CA4 1627; Carter v Richard Ellis 122 CA4 1313, T/AT 11/04; Peo exrel Finigan v Perkins 85 C 509; Leamon v Krajkiewcz 107 CA4 424]
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