Mediation Act 2017
Factors to be considered by court in awarding costs
21. In awarding costs in respect of proceedings referred to in section 16 , a court may, where it considers it just, have regard to—
(a) any unreasonable refusal or failure by a party to the proceedings to consider using mediation, and
(b) any unreasonable refusal or failure by a party to the proceedings to attend mediation,
following an invitation to do so under section 16(1) .