Mediation Resolve

Is mediation the answer in the time of COVID-19?

"In introducing mediation as a dispute resolution mechanism, I would like to quote the words of Dyson LJ in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576. ‘Mediation provides litigants with a wider range of solutions than those that are available in litigation: for example, an apology; an explanation; the continuation of an existing professional or business relationship perhaps on new terms; and an agreement by one party to do something without any existing legal obligation to do so.’" Pearl Biyela LLB (UKZN) is a legal practitioner and accredited commercial mediator at Tomlinson Mnguni James Attorneys in Durban.

An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the outset of any contemplated litigation.

There are a number of judgments where the courts have censured the parties’ and their representatives’ failure to consider alternative dispute resolution mechanisms such as mediation to resolve their issues. This is because litigation is, at the best of times, a time-consuming and costly exercise, often leaving parties feeling like they have lost, no matter the outcome.

Mediate before you litigate | Financial Institutions Legal Snapshot An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the