Mediation
Mediation
From 9 March 2020, new Rule 41A has been incorporated in the High Court Rules. The new rule states that parties to a dispute (both actions and applications) are to initiate potential mediation from the onset. Rule 41A prepares the ground for litigants to mediate, before they venture to court.
Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (The Mediator), identify the disputed issues, develop options, consider alternatives and endeavor to reach an agreement.
The Mediator has no advisory role or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on, or determine the process of mediation where resolution is attempted.
Mediation of Disputes
Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement.
We offer Mediation for the following disputes:
The use of mediation is not limited to dispute resolution, and the process can be used effectively to improve decision making more generally.
The range of the possible uses of mediation includes: