A conversation between parties at a mediation venue after the mediator has indicated the mediation is over, but before the parties have left the venue, occurs 'in a mediation session' under s 30(4)(a) Civil Procedure Act 2005 (NSW) and evidence of it is inadmissible. A Calderbank offer that would require the offeree to accept a substantial variation to the parties' existing contractual arrangement does not ground an indemnity costs order, because the appropriateness of agreeing to such a variation is a matter for commercial judgment. Where a successful plaintiff recovers only a small proportion of its claim, the court may reduce its costs entitlement, particularly where the size of the claim was capable of provoking desperate resistance.
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