Fees charged by a mediator for a mediation not ordered by the court may be recoverable as ordinary costs in the discretion of the trial court under CCP 1033.5(c)(4), depending on the facts and circumstances of the particular case, which may show that the mediation was reasonably necessary to the conduct of the litigation.
California Court of Appeal, Fifth District (Hill, P.J.); January 7, 2019 (partial publication); 30 Cal. App. 5th 1133