Costs claims relating to a refusal to mediate – updated commentary in McGechan on Procedure

22 May 2025

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Claims for costs and/or disbursements relating to mediation can arise in different ways. Case findings have mostly been against the imposition of costs (or disbursements) consequences for failures in relation to mediation but with some exceptions.

See the commentary in McGechan where the authors look at (a) claims for increased or reduced costs, where there is an outright refusal to mediate, and (b) awards for costs incurred, where there has been a late refusal to proceed with agreed mediation. See [HRPt14.17(14 ) Claims relating to mediation].

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Court Practice & Litigation

By Jason Bull

Senior Legal Editor – Analytical Law

Jason Bull is a Senior Legal Editor in the New Zealand Analytical Law team with over 20 years’ experience at Thomson Reuters. He has worked in the legislation, and books teams and more latterly with annotated commentary products.

Costs claims relating to a refusal to mediate – updated commentary in McGechan on Procedure

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