Mediation

Mediation

Mediation is a discreet and flexible technique for resolving conflicts between two or more people, businesses, or other organisations. Mediation is a systematic, interactive process where a neutral third party helps disputing parties resolve a dispute using specialised communication and negotiation strategies. You can use mediation to settle a dispute before or after filing a lawsuit. Mediation is typically considerably faster and less expensive than going to court, so it can be a more efficient way of settling differences and allowing everyone to move on from the issue sooner. Mediation takes a more flexible approach than the rigorous and time-consuming legal processes that frequently necessitate the use of a lawyer to present a case in court. Mediation fosters restorative justice since most disputes are settled in a reconciliatory manner.

Mandatory mediation

The courts in South Africa have long recognised mediation as a viable alternative to litigation. However, this usually ‘voluntary’ procedure has become obligatory for the first time. Uniform Court Rule 41A went into effect on March 9, 2020, and it covers all High Court cases in the country. This rule sets mediation as a prerequisite to filing a lawsuit. A party must notify their opposition before filing an Action, Application, or Urgent Application in the High Court, providing them with the opportunity to consent to mediation or refuse mediation with good cause.

Where to go

You go to the mediation clerk at the Magistrate’s Court’s Civil Section, which has jurisdiction over the issue. The mediation clerk will schedule a meeting with the parties to determine whether their dispute can be submitted to a mediator. Mediation will occur in Therisano Centres, which shall be designated as such. Many magistrate courts across the country provide mediation services. Let our lawyers at Pamela Waters-Oosthuizen help you find the mediation that best suits your needs.