(1) In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of:
(a) whether a person who was required to file a genuine steps statement under Part 2 in the proceedings filed such a statement; and
(b) whether such a person took genuine steps to resolve the dispute.
(2) In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of any failure by a lawyer to comply with the duty imposed by section 9.
(3) If a lawyer is ordered to bear costs personally because of a failure to comply with section 9, the lawyer must not recover the costs from the lawyer's client.