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You are still not being forced to engage in mediation. If you can articulate a good reason for not doing so you don't have to use it, Unfortunately thought and judgement have to be applied and the risks properly assessed. But isn't that what we are paid to do?
I am an experienced civil/commercial mediator and I seem to hear far too many litigators making fatuous comments about the subject. Big complex cases will need experienced mediators who could command the sort of fees mentioned (though in my experience not as often as I would like) but there are a large number of less experienced mediators who willingly and ably deal with simpler cases for far far less.
I have lost count of the number of cases which have settled where the parties thought this was highly unlikely.
Mediation is tried tested and it produces settlements in 75% to 80% of cases (and even more if settlements reached within, say,a fortnight after the mediations are included).
The other factor that needs taking into account is that client satisfaction is very high which is more than an be said for court hearings.

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