We offer accredited mediation services as a method of alternative dispute resolution.
Mediation is a form of alternative dispute resolution whereby a neutral, legally qualified and accredited third party is appointed by agreement to negotiate a legally binding settlement. This process happens out of court.
The Mediator acts impartially and does not choose sides or represent either one of the parties in the dispute. The process is confidential and “without prejudice of rights”, which means that the process is not hostile and the purpose is to assist the parties reach amicable settlement. There is no risk for either party in mediation.
The mediation process is more efficient than litigation and assists the parties to reach amicable settlement thereby saving in emotional and financial terms.
Should settlement be reached, the settlement itself can be made an order of court. If no settlement is reached, the parties resume litigation. No offers, counter-offers or information shared can be disclosed in court.
In family law, mediation is encouraged as a means to reach amicable settlement between the parties in instances of divorce, maintenance disputes or parental rights and responsibilities disputes, such as divorce settlement agreements, parenting plans, maintenance, post divorce issues, and universal partnership agreement.
Mediation in civil law disputes is gaining recognition in South Africa and plays an integral role in civil dispute resolution. Latest amendment to the Uniform Rules of Court for High Court disputes compel the parties to consider mediation to resolve their disputes.
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