Mediation Resolve

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Mediation Rule 41A of the High Court

COVID-19 has put the new Mediation Rule 41A of the High Court at the centre of our legal system. Attorneys are seeing their world turn upside down by social distancing and many are scrambling to understand how Rule 41A and online mediation will help them resolve their clients’ cases. However, it creates a problem-solving environment where a skilful and experienced mediator can help attorneys settle their clients’ cases or limit the issues in dispute.

Is mediation the answer in the time of COVID-19?

"In introducing mediation as a dispute resolution mechanism, I would like to quote the words of Dyson LJ in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576. ‘Mediation provides litigants with a wider range of solutions than those that are available in litigation: for example, an apology; an explanation; the continuation of an existing professional or business relationship perhaps on new terms; and an agreement by one party to do something without any existing legal obligation to do so.’" Pearl Biyela LLB (UKZN) is a legal practitioner and accredited commercial mediator at Tomlinson Mnguni James Attorneys in Durban.

Is mediation the answer in the time of COVID-19?
Mediation brings parties together; it opens the eyes of the parties for them to be able to see beyond the dispute. Disputes have a way of clouding the minds of people involved in disputes, to not see what is best in their respective situations. Due to possible dignity violations that have not been addressed, the brain is consumed by the dispute, and the unfortunate results of same are consequential decisions made and actions taken by parties, which could be detrimental to the people, companies or entities involved in the dispute. Mediation makes contact with the person in the dispute or the people behind the companies and entities in dispute. It is personal to the parties involved and, as a result, addresses the needs of the people in the dispute. As opposed to a four-year court battle where a decision will be made and imposed on the parties; mediation creates a platform, through sharpened skill, to have the people take part in reaching of their own decisions.
Pearl Biyela LLB (UKZN) is a legal practitioner and accredited commercial mediator at Tomlinson Mnguni James Attorneys in Durban.

This article was first published in De Rebus in 2020 (Nov) DR 20.

Our four month promotion came to an end.

Don’t feel left out, we are offering a new Discounted Price from 01 October 2020 – 31 December 2020:

10% Discount on all our Fee:

Mediation Fees: R950 an Hour
Settlement Agreement: R1,900 - R2,500
Parenting Plan: R2,900

For more information contact us on:

Cell or Whatsapp: 0829299629
E-Mail: [email protected]

An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the outset of any contemplated litigation.

There are a number of judgments where the courts have censured the parties’ and their representatives’ failure to consider alternative dispute resolution mechanisms such as mediation to resolve their issues. This is because litigation is, at the best of times, a time-consuming and costly exercise, often leaving parties feeling like they have lost, no matter the outcome.

Mediate before you litigate | Financial Institutions Legal Snapshot An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the

Mediate before Litigate: New High Court Rule:

An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the outset of any contemplated litigation.

There are a number of judgments where the courts have censured the parties’ and their representatives’ failure to consider alternative dispute resolution mechanisms such as mediation to resolve their issues. This is because litigation is, at the best of times, a time-consuming and costly exercise, often leaving parties feeling like they have lost, no matter the outcome.

Choose Mediation before Litigation:

Contact Corne Stander Today:

Cell Number: 082 929 9629
E-Mail: [email protected]
Website: www.mediationresolve.co.za

For More information on High Court Rules (Rule 41A), visit the link below:

https://www.financialinstitutionslegalsnapshot.com/2020/06/mediate-before-you-litigate/ #:~:text=The%20new%20Rule%2041A%20requires,or%20opposes%20referral%20of%20the

Mediate before you litigate | Financial Institutions Legal Snapshot An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the