As Malmesbury's solicitors approached mediation with a very high figure in mind, refused to budge during the course of the mediation, and Malmesbury ultimately was awarded much less, this was held to have been an unreasonable position to take, and was duly reflected by Jack J in the costs award. (newlawjournal.co.uk)
Of course, mediation isn't suitable in all scenarios — there may be domestic violence, a serious imbalance of power or during the course of mediation the mediator may identify that one or both of the parties isn't really engaging with the process and just be using the sessions as an opportunity to air grievances. (newlawjournal.co.uk)
This case makes clear that not only must litigants consider seriously any offers to mediate, they must also act reasonably during the course of the mediation. (newlawjournal.co.uk)