Articles #Mediation


Time for South Africa to embrace multi-tiered dispute settlement and for legal practitioners to become dynamic, multi-faceted dispute managers?

Time for South Africa to embrace multi-tiered dispute settlement and for legal practitioners to become dynamic, multi-faceted dispute managers?

Moving from litigation being the end game to it merely being a component of a more complex dispute settlement system

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The new normal - A pandemic presenting us with an imperative to manage commercial disputes effectively.

The new normal - A pandemic presenting us with an imperative to manage commercial disputes effectively.

Prevailing circumstances of pandemic highlighting need for expeditious dispute resolution

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A New Definition of Mediation

A New Definition of Mediation

The role of mediator allowing a new reality to emerge.

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A Litigant's Guide to Rule 41A

A Litigant's Guide to Rule 41A

Everything you need to know about referring a matter to mediation in terms of Rule 41A

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A Litigant's Guide to Rule 41A

A Litigant's Guide to Rule 41A

Everything you need to know about referring a matter to mediation in terms of Rule 41A

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High Court: Costs penalties for a failure to engage in mediation

High Court: Costs penalties for a failure to engage in mediation

If a party completely foregoes mediation will that party be punished in costs? The High Court judgment highlights that although the court cannot compel parties to mediate, an unreasonable refusal to do so is likely to result in costs penalties for a defaulting party. The costs risks of unreasonably refusing to mediate or not responding to a mediation proposal may be severe.

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