California, United States of America
The following excerpt is from Cohen v. Lavi, B279597 (Cal. App. 2018):
initiates the action"].) The flip side of this requirement is that a party who refuses to mediate may not recover attorney fees if that party prevails in the action. (Frei v. Davey (2004) 124 Cal.App.4th 1506, 1508.)
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