ABOUT MEDIATION
Mediation is sometimes referred to as assisted negotiations, but it is much more than that.
In mediation an independent third party, the mediator, creates a safe environment for the parties to talk to each other confidentially and without prejudice. The mediator makes use of specialised skills to assist the parties to remove barriers, shift parties positions and generate options for the resolution of their dispute, options that are generally not available during litigation. Often mediation leads to the restoration of relationships and the possibility of conducting future business together.
Our Mediators
Our mediators’ qualifications and experience complies with international best practice and the norms and standards of the High and lower courts. They are accredited by DISAC, the Dispute Accreditation Council of South Africa.
Legal Representation at Mediation.
Lawyers can attend mediation in support of their clients and sometimes this is desirable. In mediation however it is the clients that take center stage while the mediator explores their interests and concerns. It is accordingly not compulsory for lawyers to be present during mediation.
Differences between Mediation, Litigation and Arbitration.
The most important differences between mediation on the one hand and litigation and arbitration on the other hand are:
Litigation and arbitration are expensive, time consuming and traumatic. Mediation is a far cheaper, quicker and much less traumatic.
In mediation the parties resolve their dispute themselves, assisted by the mediator. In litigation and arbitration the dispute is taken out of the hands of the parties and decided by a judge or arbitrator.
Mediation focuses on the needs, concerns and interests of parties, exploring ways in how they can be satisfied. In litigation and arbitration the focus is on the legal rights of the parties and not on their true needs, interests and concerns, which are rarely taken into account.
In mediation creative thinking is encouraged, invariably optimising value for both parties with win/win outcomes. In litigation complex and time consuming processes result in win/lose outcomes, regardless of whether or not the legal outcome is what the parties really want.
Litigation and arbitration almost always leads to a complete breakdown in the relationship between parties, mediation often leads to the restoration of the relationship. Mediation therefore allows parties to conduct business on an ongoing and sometimes even better basis.