Court Ordered Mediation - Mediation Costs As "Costs Of The Proceedings"

"The expression "costs of the proceedings" will generally include the costs of a court ordered mediation. Where a party is subject to an order for mediation (whether by consent or not) and intends that the parties will pay their own costs of the mediation, then that party should require the other party to enter into a mediation agreement which deals with costs. It would also be prudent to have the matter clarified in either the order for mediation or the orders that subsequently dispose of the proceedings."

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