For quite some time, the South African courts have almost infamously been synonymous with lengthy delays and large legal bills. Due to the constraints of the judicial system in dealing with its caseload, Rule 41A of the High Court rules states that parties MUST participate in mediation before approaching the court for relief. This is common practice in many countries, with South Africa now following the trend.
It is interesting to note that most disputes are in fact settled before reaching the trial stage at court. The rationale behind compulsory mediation is that parties should be enabled to understand that through effective dialogue, almost all disputes can be handled internally between the parties.
The benefits of effective, professional mediation are profound. Unfortunately, there is still a belief that compelling the other party to go through the confrontatory and costly process of litigation would be a punishment. What isn’t always understood, however, is that both parties are disadvantaged in a litigation process, so it ultimately ends up being a zero-sum game.
An article by Clara Bester
