Tag: Unreasonable refusal to mediate

Unexplained wealth order

High Court: Costs penalties for a failure to engage in mediation

If a party completely foregoes mediation will that party be punished in costs? The High Court judgment highlights that although the court cannot compel parties to mediate, an unreasonable refusal to do so is likely to result in costs penalties for a defaulting party. The costs risks of unreasonably refusing to mediate or not responding to a mediation proposal may be severe.