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The only danger I see is a scenario where the mediation process is gradually spoiled by an ever increasing, over involvement of legal procedural-ists or paper flappers who start reproducing the rigmarole of the court system into a process designed to cut through the faff and resolve the key issues.

For example, the small claims process should never have needed the participation of lawyers save to articulate clear statements of position, and yet we regularly see solicitors instructing senior barristers and blizzards of documentation blinding the parties and the DJ to the point where an argument over an errant tin of salmon turns into the OJ Simpson trial.

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