Property mediation is a process of resolving disputes between parties in the real estate industry. Mediation is a flexible approach compared to the rigid and tedious legal processes which most often require the services of a lawyer to present before a court
In South Africa, despite the long delays in the courts that existed before the pandemic, and which have only worsened thereafter, only 2% of South Africans considered mediation as a form of dispute resolution in 2018/2019 according to Statistics SA
In South Africa, mediation is a voluntary process that offers several advantages in resolving property disputes. Some of the advantages of using mediation include:
Speedy resolution of disputes
Cheaper than litigation
Provides a win-win situation for both parties in a dispute
The process is flexible
Promotes reconciliation and the spirit of Ubuntu
Mediation provides the parties to a dispute with an opportunity to find solutions for their problems, making it easy for the parties to accept the outcome
The role played by the mediator in the mediation process is to help parties have improved communication. The mediator must be neutral, non-biased, and impartial, showing no favour to either party in the process
Most disputes are suitable for mediation, including commercial and residential rental property disputes
Mediation is a viable option for South African businesses seeking real solutions
