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So if we try mediation and are unsuccessful due to the Defendant's unwillingness to reasonably engage, yet succeed at Court, I presume they will be barred from challenging the mediation elements within my bill of costs, along with all work done after (unless plainly unreasonable)? After all, the post-mediation stuff only came about because of them!

Or, as always, will they say that it was not a case suitable for mediation and that it was not a reasonably-incurred expense, and challenge every penny we claim for preparation, attendance etc.?

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