Key Aspects of Our Mediation

Mediation is a non-legal alternative dispute resolution mechanism intended to provide a quicker, cheaper and completely confidential process compared to litigation.

At Rademeyer Attorneys we strive to assist parties to achieve mutually acceptable, expedited resolution of disputes in a cost-effective manner.

What is mediation?

Mediation is an informal, non-legal, alternative dispute resolution mechanism intended to assist parties to a dispute to engage in a collaborative, problem-solving exercise in an attempt to avoid formal legal proceedings. Mediation can be used to resolve almost any type of dispute, and because mediation is not governed by the same rules as court it is more flexible, cost-effective, and accessible than litigation.

Basics of the mediation process

Mediators are neutral, independent and do not adjudicate on the merits of a dispute – instead mediators facilitate negotiations between the parties. The process of mediation is controlled by the mediator, but the outcome is controlled by the parties themselves. Mediation is confidential and there is no prejudice to any rights of the parties (unless and until a settlement agreement is entered into).

In order to alleviate the pressure on the High Courts it is now compulsory in Gauteng for parties in civil trial matters to attempt mediation before being allowed to apply for a trial date.

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