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I am a commercial litigator rather than p.i. The issue for me is not whether to mediate but when. My long experience shows that whilst mediation has an excellent success rate overall, it is less likely to succeed if conducted too early (when the doors of the Court are miles away) and moreover a failed mediation is much more likely to result in a trial than if there had been no mediation at all. It is also expensive if conducted properly. The Courts should leave the timing of the mediation to the parties. If the Court seeks to impose an early deadline on my clients against their wishes and advice then I can find a phone mediation for about £500 or less, which is doomed to failure, but the box will be ticked.

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