21. Factors to be considered by court in awarding costs
In awarding costs in respect of proceedings referred to in section 16, a court may, where it considers it just, have regard to -
(a) any unreasonable refusal or failure by a party to the proceedings to consider using mediation, and
(b) any unreasonable refusal or failure by a party to the proceedings to attend mediation,
following an invitation to do so under section 16(1).