Legally Law (Pty) Ltd (CIPC reg no: 2019/411283/07)

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Legally Law Mediation Centre (LLMC)

Facilitative mediation

There are many forms of mediation and we at Legally Law prescribe to
facilitative mediation.

Facilitative mediation is non-interventionist. It only assists parties to reach a measure of accord, based on self discovery and insight. It does not presuppose knowledge of any specific law, industry practices or technology. The mediator merely assists the parties to resolve their dispute or differences to come to an amicable solution to their differences in an expedient manner with a fraction of the cost opposed to litigation.

The mediator does not make the determination. The parties to the dispute are assisted in resolving the dispute. It is therefore not an adjudicative process. It becomes a win-win situation as the parties would have resolved their dispute and came to an amicable solution.

It reduces the risk of unnecessary litigation costs and possibly losing during litigation proceedings.

Why mediation?

In South Africa the High Court have introduced Rule 41A whereby the Plaintiff / Applicant serves of the Defendant / Respondent and agrees or opposes referral to mediation. Rule 41A came into effect on 9 March 2020.

Rule 41A of the Uniform Rules of Court makes it a mandatory requirement as a pre-action for litigants to consider mediation when instituting any new action or application proceedings.

Similarly, a Defendant / Respondent may agree or oppose mediation.

Recently on 20 July 2021, the Judge President of the High Court of the Limpopo Division in Polokwane issued a directive that they will strike matters from the role where Rule 41A have not been complied with. View the directive here.

Similarly, the Magistrate's Court also have court-annexed mediation that came into effect on 1 December 2014.

Mediation is therefore a reality in South Africa and needs to be considered by parties to a dispute, especially where a person does not have adequate or no financial resources for litigation.

Protection mediation affords a party?

The whole mediation process

is off the record and confidential. If there is no agreement between the parties, then no party may disclose any confidential information that were divulged, because such information was divulged due to the mediation. Our mediators does not appear in litigation matters relating to a dispute that was mediated before such mediator.

No recordings are allowed during the mediation process. Even notes that were made during the mediation process must be destroyed and cannot be used in litigation.

Legal representatives at mediation

Legal representatives are allowed at a mediation, however may not interfere with the mediation process. The mediator controls the entire process. A party may consult with his / her legal representative merely for advice (especially when settlement is reached) and no more.

Protecting our minor children from the effects of litigation

Where our minor children are affected by litigation (as in divorces, child custody matters etc.) then the persons responsible (e.g. parents, guardians etc.) must really consider a speedy resolution to their differences to reduce or minimise the effects such litigation on the minor children. Mediation is an excellent and viable solution to settle the separation and the divorce between the parties, as an example and not limited thereto.

Our mediation services

We care about our people an therefore offer our mediation services primarily in family, labour, business, coprate and commercial disputes. We are capable however to assist in referring a mediator if we do not have the capacity to assist.

Our mediation services are provided by qualified mediators in their respective fields of expertise.

Pre-trial mediation services

We provide a free pre-trial mediation service to establish if the parties' dispute can be settled through mediation. Our in-person free pre-trial mediation is conducted at our offices in Centurion, Gauteng. However, if you are unable to attend such pre-trail at our offices, then we will arrange an online link for a video conference.

Please Note: Only the actual mediation will be charged for - pre-trial mediation is free!

Our mediation services are provided by qualified mediators in their respective fields of expertise.

Contact us for obligation free information on our mediation service