Deputy Master gave little regard to failure to mediate because "it was highly unlikely that any mediation would have been successful in view of the position that Mr Matyas adopted in the correspondence." Probably a case confined to its facts.
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.