Tag Archives: Alternative Dispute Resolution

THE MEDIATION MOVEMENT

By Annerine du Plessis

Due to excessive legal costs involved in litigation and the endless frustration associated with prolonged court cases, mediation, as a form of Alternative Dispute Resolution, is becoming the obvious alternative to fighting things out in a courtroom. South Africa is slowly but surely beginning to be part of the global mediation movement.

Mediation is a voluntary process whereby both parties must first reach consensus to refer their dispute to mediation. A party may withdraw at any stage of the proceedings and later litigation is still possible.

The mediator is not a judge and does not tell the parties what the solution to their dispute is. Mediation is the parties’ process and it is entirely up to them to find a solution that meets their needs and interests.

The role of the mediator is to facilitate discussions between the parties, assist them in identifying the relevant issues and explore the areas of compromise so that a settlement can hopefully be reached. The process of mediation not only has the benefit of saving the parties time, but will also in the long run save the parties money.

For more information on this topic contact Annerine du Plessis at Schnetler’s Incorporated (021) 552 4844.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.