The costs for the Mediator vary greatly depending on the experience and expertise of the mediator, the value of the dispute and the duration of the mediation. It is not usual for a mediation to last longer than a day even in complex cases.
If a party rejects the other party’s suggestion to mediate without any consideration of whether mediation is suitable, it is likely that a court would impose costs sanctions on that party. If a suggestion to mediate is considered but rejected and a thorough explanation of the reasons for rejection provided, there is still a risk that a court would impose costs sanctions. It is difficult to predict in advance the court’s likely view on the reasonableness of a refusal to mediate since this decision will only be made at the end of a case after trial so extreme caution must be exercised before rejecting mediation.