49Costs of mediation

#### 49 Costs of mediation 49 Costs of mediation > > (1) The costs of mediation are to be borne by— > > > > > (a) the parties to the claim in the proportions as the parties may agree among themselves if mediation results in settlement of the claim or the claim is otherwise settled, or > > > > > (b) the defendant (or all the defendants in equal shares) if mediation does not result in settlement of the claim and the claim is not otherwise settled. > > > (2) If there is a single claims manager for the claim, any costs of mediation payable by the defendants for whom the single claims manager acts are payable by the single claims manager, and any payment by the single claims manager is to be reimbursed as a disbursement in accordance with clause 66. > > > (3) Subclause (1) does not interfere with the power of the Tribunal to include costs of mediation in an award of costs to the party that is successful before the Tribunal but the Tribunal may decline to include costs of mediation in an award of costs if the Tribunal is satisfied that the party in whose favour the award is to be made did not participate in good faith in the mediation. > > > (4) In this clause, costs of mediation includes— > > > > > (a) remuneration payable to the mediator, and > > > > > (b) if the parties failed to notify the registrar under clause 34(2) of the claim being referred for mediation or being settled—any costs resulting from that failure.