The previous Guidance Notes on Precedent H expressly stated that the costs of mediation should not be included within the Settlement phase of the costs budget.

The updated Guidance Notes on Precedent H now states that the ADR/Settlement phase should include:

“Work directed to settlement negotiations and meetings between the parties and any other ADR (including mediation), to include Part 36 and other offers and advising the client”

Costs budgets and work on mediation

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