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
Contact no: +27 81 436 3717
Email:
mediation@legallylaw.co.za
