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By Paul Hawkins: I recently dealt with the costs of a Fast Track housing disrepair case, which settled at formal Mediation for £4,000. The Claimant had Counsel and a fee earner in attendance, plus the fees of the Mediator. The total cost of the Mediation? Well over £5,000, on top of the costs incurred prior to that. The cost of a fully contested Fast Track Trial would be been about £1,500. Was Mediation the best option in this case? I don't think so. On the other hand, refusing to Mediate is now pretty much seen as a no-no. So litigants are damned if they do and damned if they don't. At the very least, make sure - in advance - that the costs are going to be proportionate.

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