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On the aforementioned basis, any restrictions on access to the courts which would
qualify as valid. It is plainly legitimate for the civil justice system to seek the benefits
of mediation described above. The constraints range from the imposition of a
temporary incapacity to proceed with an action to a threat of an adverse costs order for
rejecting mediation, these being means which are plainly proportionate to the
aforesaid aim and which cannot possibly be said to impair the very essence of the
access right.
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