Examines how far courts are prepared to make orders for costs against litigants who refuse to negotiate or take part in mediation. In "Hickman v Blake Lapthorn" ([2006] EWHC 12 (QB), unreported) it was held that a barrister who had legitimate and reasonable reasons for refusing to mediate should not be penalised as regards costs. There is no certainty, therefore, that courts will penalise parties who refuse to mediate. Where a compromise of a dispute has been reached, but there is no agreement as to costs, the decisions in "Promar International Ltd v Clarke" ([2006] EWCA Civ 332, unreported) and "BCT Software Solutions Ltd v C Brewer and Sons Ltd" ([2003] EWCA Civ 939, unreported) make it clear that parties may not resort to the courts for a decision as to costs alone, and that the courts will not regard the dispute as settled if the question of costs is still outstanding