Zip,
I afraid you are wrong on this.
Mediation is about finding a settlement between disputing parties (a compromise if you like).
It is not prejudicial if one party does not want to settle.
Either party has the right to have it determined in Arbitration.
One's conduct in Mediation is Not prejudicial in the determination of the Arbitrator.
Going to Arbitration is about finding a Determination (finding a Winner), not about trying to find an amicable settlement (a compromise).
Ann: Annual Report to shareholders, page-54
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