22/01/2023
Many people have asked me recently what mediation is all about. Here is my answer to that:
**WHAT IS MEDIATON?**
Mediation is a process by which a third party, called a mediator assists the parties in a legal dispute by facilitating discussions between the parties, assisting them in identifying issues, exploring areas of compromise and options in an attempt to resolve the dispute. The process is voluntary, confidential, without prejudice and non-binding until a settlement is reached which is reduced to writing and signed by the parties involved. Sometimes a court can appoint a mediator to assist parties with their dispute. A mediator must remain neutral throughout to safeguard the process and needs to be an objective voice.
**WHAT IS THE BENEFIT OF MEDIATION?**
Mediation can either prevent a dispute from going to court or reduce the costs and time significantly during the court process if both parties are willing to work towards a workable solution. If the relationship between the parties in dispute, is to continue after the dispute, mediation should be the parties’ first choice to resolve the dispute. Mediation can therefore save parties to a dispute both costs and time and serve to de-escalate conflict and prevent it from becoming a destructive conflict.
**TYPICAL CASES THAT CAN BE SOLVED BY MEDIATION?**
*Any type of dispute can be mediated and at the highest levels between individuals or businesses.
*Currently more than 50 pieces of legislation specifically makes provision for mediation, including the Companies Act, the Consumer Protection Act, Local Government legislation and the Children’s Act.
*Family law disputes, like divorces and child care, are especially suitable for mediation.
Contact Maarten at www.mmlaw.org.za for more info.
