Where the unsuccessful party has adopted a position of intransigence, the successful party may reasonably take the view that mediation has no reasonable prospect of success because the other party is most likely to accept a reasonable compromise. That would be a proper basis for concluding that a mediation would have no reasonable prospect of success, and therefore that the refusal to mediate was reasonable. However, the successful party could not rely on his own unreasonableness intransigence to justify his refusal to mediate.