28.— (1) A person appointed under section 27(4) to be the chairperson of a mediation conference shall prepare and submit to the court hearing the application under section 24 a report, which shall set out—

(a) where the mediation conference did not take place, a statement of the reasons as to why it did not take place, or

(b) where the mediation conference did take place—

(i) a statement as to whether or not a settlement has been reached in respect of the application, and

(ii) where a settlement has been entered into, a statement of the terms of the settlement signed by the parties thereto,

or

(c) where the mediation conference did take place and no settlement has been entered into, a statement as to whether such outcome is substantially due to the conduct of one or more than one of the parties, and in that case specifying the identity of such party or parties.

(2) A copy of a report prepared under subsection (1) shall be given to each party to the application at the same time as it is submitted to the court under that subsection.

(3) At the conclusion of the hearing of an application under section 24, the court may—

(a) having considered the report prepared under subsection (1),

(b) having heard submissions by or on behalf of the parties to the application, and

(c) if satisfied that a party to the application—

(i) failed to comply with a direction under section 27(1)(a), or

(ii) is a person specified pursuant to subsection (1)(c) and that the conduct of such person is substantially the cause of the failure to reach a settlement,

make an order directing that party to pay the costs of the application, or such part of the costs of the application as the court directs, incurred after the giving of the direction under section 27 (1).