Mediation

The climate of the South African civil justice system is finally ready to welcome Mediation as a much-needed means of resolving disputes.

With the 2020 advent of Amended Rule 41 to the Uniform Rules of the High Court (which compels parties to consider the possibility of resolving disputes via Mediation prior to approaching the High Court), this dispute resolution mechanism gains the recognition it deserves.

Social and economic crises, such as those brought about by global pandemics, can hinder access to Courts and quasi-judicial tribunals. This, however, inadvertently brings about a revelation of a more excellent way of resolving disputes. The versatility and convenience of Mediation comes to the fore where any dispute, no matter how minor, can be resolved via virtual and online platforms aiding parties’ rights of access to justice amidst crises.

It is also interesting to note that the changes to the current civil justice system opens the door to the possibility of South Africa pursuing the thriving international trends of mainstreaming Mediation as a primary mechanism of resolving civil disputes.

Which Disputes are Suited to Mediation?

Mediation is suited to almost all civil disputes arising from a variety of inexhaustive domains such as commercial, legal, diplomatic, family and community arenas. Such disputes include, among an array of others:
  • Landlord & Tenant Disputes
  • Defended Evictions (Commercial & Residential)
  • Foreclosures
  • Property Law Disputes
  • Neighbour Law Disputes
  • Breach of Contract
  • Governmental & Political Affairs
  • Community Affairs
  • Pre-Divorce Negotiations
  • Family Parenting Plans
  • Maintenance Disputes

Adriaans Mediation Services?

Adriaans offers Mediation services by an Accredited Mediator who is accredited nationally by Conflict Dynamics (ZA), internationally by CEDR in the United Kingdom (UK) and holds a Masters Degree in Mediation and Mercantile Law. Our Mediator also practices as a Senior Associate within our Litigation Department. By being both a Mediator and Litigator, our clients are provided the benefit of both civil litigation and Mediation expertise. This aids in resolving their matters creatively and effectually whilst understanding the pros and cons of both mechanisms of dispute resolution.

Adriaans supports cost-effective Mediation services with the focus of ensuring that our clients walk away envisioned and enriched.

Mediation Resources & Blogs:

Key Contact

Ashley Adriaans
Managing Director
ashley@adriaansattorneys.com
Whitney Maclons
Senior Associate
whitney.maclons@adriaansattorneys.com