Party penalised in costs for failing to use best endeavours to resolve dispute.
Family law decision where party penalised in costs for failing to comply with prior order of judge to use their best endeavours to resolve the dispute between them, "if necessary through mediation or another form of non-court dispute resolution".
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.