When one spouse refuses mediation or needlessly prolongs divorce proceedings, British judges are showing increasing willingness to impose cost orders. Solicitor and mediator Rebecca Hawkins shares a case where her client secured significant costs - proving England's family courts are losing patience with adversarial tactics.

The Case: How Unreasonable Conduct Backfired

Rebecca Hawkins recently represented a client whose former spouse rejected every opportunity for sensible resolution:

• Declined mediation at multiple stages
• Refused arbitration and private FDR options
• Dragged out proceedings for five years over a relatively modest £200,000 settlement

The district judge was scathing, criticising the waste of court resources and ordering the uncooperative party to pay substantial costs.

"The judge made it perfectly clear - with his heavy caseload, he couldn't believe we were still arguing over £200k after all this time."
— Rebecca Hawkins

Why English Courts Are Running Out of Patience

1. Mediation isn't optional - it's expected
   • Hawkins made repeated offers of mediation, arbitration and private FDRs, all refused
   • Courts now view refusal of reasonable alternatives as unreasonable conduct - a key factor in costs decisions
2. The "proportionate and respectful" standard
   • Family solicitors must avoid inflaming disputes. Hawkins advises:
     

     "Ensure every letter is measured and professional. It always puts your client in better standing."

   • Aggressive tactics (like unnecessary applications or delays) can seriously damage a client's position
3. Proper documentation is crucial
   • Maintaining clear records of refused settlement offers or mediation attempts strengthens any costs application

How to Protect Your Position (and Your Finances)

If facing an adversarial ex-partner:

• Propose mediation early - even if declined, it demonstrates reasonableness
• Keep detailed records of all refusals to engage (emails, solicitor correspondence)
• Make sensible offers - courts favour parties showing willingness to settle reasonably

The Bottom Line: Courts Reward Pragmatic Approaches

This case highlights a significant shift in English divorce law: The judiciary now prioritises efficiency and cooperation over courtroom battles. As Hawkins observes:

"When dealing with a difficult opponent, maintaining the moral high ground pays dividends in the end."

Need Help Avoiding Costly Divorce Disputes?
The UK Amicable Divorce Network connects you with Resolution-accredited professionals specialising in constructive solutions.