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I trained as a mediator many years ago, and found it an interesting and valuable experience. I have participated in I think 7 mediations over the years (never as mediator), of which two were successful, two ended in litigation over compliance with the terms of the mediation agreement, and three failed. Each mediation was about a day long (one - which ended in further litigation - went on until 9.30pm), and each cost about the same as a day in court, if not more (the mediator had to be paid too).

Mediations certainly have their place, but the idea that they are somehow a panacea is misguided. As Bernard George commented, and David Carrod echoed, in straightforward liability cases (like debts) they are an opportunity for one side or the other to compel their opponent to make or accept an offer they wouldn't otherwise consider, to avoid the (irrecoverable) costs of mediation.

For debt cases, consideration could be given for something like summary judgment on paper only, no hearing. Or other ADR, like arbitration (no rules! Just the Arbitration Act ...) or expert determination, or early neutral evaluation ...

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