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Mediation is the process whereby a neutral third party, a Mediator, helps the parties to negotiate and agree on a solution to their dispute. The Mediator is facilitative and has no decision making powers. The parties agree when and where the mediation takes place and the matter can be resolved within weeks.
A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim or demand on one side, met by contrary claims or allegations on the other.
aggressive argument / discord
: be at cross purposes, negative, not agree
3. To strive to win; contest for
4. To strive against; resist
5. To engage in discussion or argument; an angry altercation
Different processes used to resolve disputes in South Africa:
A joint meeting is held and each party is afforded the opportunity to give a statement of their respective case
1. Who should consider mediation?
Parties who wish to settle a matter expeditiously and “out of Court”.
2. When is mediation most appropriate?
• When relationships are important
• When the parties have cost constraints
• When the parties have social or working relationships
• When a quick remedy is needed
• When strong emotional feelings are involved
3. How long does mediation take?
Most cases can be settled in a few hours. Others may require more time, depending on the complexity of the issue.
4. What are the costs of mediation?
The fee of the mediator varies from mediator to mediator depending on their experience and qualification. The parties can decide who would be liable for the costs but generally the costs are shared by the parties equally.
5. What happens if the parties do not resolve the dispute after mediation?
At any time during or after the mediation process the parties can, should any one of them wish, proceed with litigation.
6. Is the settlement enforceable?
The settlement should be reduced to writing and is as enforceable as any other contractual agreement. The settlement agreement can also be made an Order of the Court.
7. Which cases are suitable for mediation?
Civil matters are mostly suitable. Criminal matters cannot be mediated in terms of the South African Laws.
8. Difference between Arbitration and Mediation?
The biggest difference is that an arbitrator adjudicates the process whereas a mediator facilitates the parties to come to a mutually acceptable solution.
9. Who is qualified to act as a mediator?
There are various institutions and courses that teach and qualify mediators. Follow the principles you would in the appointment of any professionals, i.e. training, experience and background.
10. When should you start Mediation?
You can start the process any time, even during the process of litigation, but sooner is better than later.
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