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I can report that in the County Courts at District Judge level (and sometimes above) Parties are more or less being bullied into compulsory mediation anyway. Orders are being made to the effect that if a Party decides not to mediate (under the Order of the Court that there will be a stay "for mediation to take place") they have to make full explanation to the Court. Open season for an argument about costs then. Plus there are, occasionally, cases in which the Claim is incontrovertible (is that the right spelling?!) and there genuinely can be no Defence. Why should that Claimant be penalised for refusing to mediate (which often adds several months to the litigation) particularly when the Mediator has no power to award costs....