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One problem with mediation is that it is surrounded by misconceptions. An example is the reference to the mediator having a quasi judicial role. In fact a mediator's role couldn't be less judicial. Mediators facilitate discussion, work to ensure that the parties are on as even a footing as possible and, at the end they produce the written evidence of agreement - evidence for the parties, that is, not the courts. An agreement should be capable of being enforceable just like a post trial judgement.

As someone who was once a mediator my only serious concern is with the supervision of mediation. There is currently no effective system in place for checking that a mediator hasn't allowed one party to be bullied, or, worse still, bullied one party into agreement.