Q: as the plaintiff can I dismiss my case if I am on a contingency basis mediation stage?

A: You can (in California) but there are risks in doing so including being liable for the other sides costs and fees and not being able to re-initiate the case. If you want to end the case completely, it may be best to negotiate a settlement where there is zero recovered and each party pays their own attorney fees and costs.

A: I agree with my colleagues. Determine whether you'll be on the hook for attorney fees, even in withdrawing. Look into reserving your rights to refile, depending on the rules of the forum and the manner of your withdrawl/dismissal. Consider reviewing your reasons for withdrawing with your attorney if they are not personal or sensitive - are they defensible against a challenge from the other side that your matter was frivolous or baseless. Good luck

A: Yes, you can generally dismiss your case during mediation, even with a contingency fee agreement in place. However, this decision requires careful consideration of several important factors.

Your contingency fee agreement with your attorney likely includes specific terms about case dismissal and attorney compensation. You'll want to review this agreement and discuss your intentions with your attorney, as they may be entitled to compensation for work already performed, even if you choose to dismiss the case during mediation.

Keep in mind that dismissing your case could have significant implications. If you're considering dismissal because you're unsatisfied with how mediation is progressing, you might want to explore other options with your attorney first. Additionally, depending on how you dismiss the case (with or without prejudice), you may or may not be able to refile it later. It's crucial to understand these consequences before making your final decision.