Mediation 

Alternative dispute resolution (ADR) methods available to settle disputes


Arbitration.
This is an adjudication process under an agreement between the parties to a
dispute. It refers to disputes for final determination by an independent and impartial
tribunal appointed by or on behalf of the parties.


Mediation
This is a voluntary dispute resolution process through which a third party acceptable
to all parties helps the parties to work together with the facilitator attempting to reach
their agreed solution. It is not compulsory to reach an agreement, but if reached the
terms can be settled by you or your attorney. The process is entirely without
prejudice and none of the communication can be used in a Court of law and is also
non-binding unless the dispute or part thereof is settled. A participant may leave at
any time during the process.

 

The mediator has no decision-making powers and
cannot impose a binding conclusion or settlement on the parties. The mediator’s role
is that of a facilitator and should not judge or take sides but rather guide the
discussion by listening, asking questions for clarification and helping parties to do
clarity checks. Due to the confidential nature of the process, the mediator can not be
subpoenaed to court to testify and normally does not record the proceedings but
merely makes notes for his own clarity.
Private sessions with equal opportunities will take place and proceedings can be
virtual/online where the party can be comfortable or in-person.

 

Benefits of ADR
Quicker, more cost-effective, and efficient resolution of a dispute.

 

ADR as part of court procedures

In terms of rule 41 A of the High Court, both
plaintiffs and defendants need to indicate to the court if they agree or oppose referral
for mediation. Once mediation starts all pleadings, notices and affidavits are
suspended until the conclusion of the mediation

 

Costs of the ADR process
In mediation proceedings, unless the parties agree otherwise, the parties pay for
their own costs and share the mediator’s fees equally between themselves.

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