Knowing what to expect from mediation can help parties prepare properly, participate meaningfully and make informed decisions. This practical guide explains the mediator’s role, joint and private sessions, settlement discussions and what happens if no…
The commercial objective, however, should not be limited to obtaining a favourable judgment.
It should include preserving value.
Earlier resolution, controlled costs, access to capital, reduced disruption and preserved commercial relationships may produce an outcome…
South African National Wills Week held annually in September reminds us of the importance of recording our wishes in a valid legal document.
Mediation reminds us of something different:
After those wishes have to be…
Attorney-mediators and advocate-mediators both bring valuable perspectives to dispute resolution.
The question is therefore not whether an attorney or advocate makes the better mediator.
The better question is whether the mediator possesses the experience, judgment,…
Whether the dispute involves a family matter, a Road Accident Fund claim, a commercial disagreement, an employment dispute or a deceased-estate matter, the choice of mediator can significantly influence the mediation process and, ultimately, the…
Family disputes differ significantly from many commercial or contractual disputes.
Parties are often navigating grief, uncertainty, fear, anger, betrayal, parenting responsibilities and profound changes in their personal circumstances. These experiences can affect an individual’s ability…
Court-annexed mediation is not merely a settlement discussion. It forms part of a structured judicial process that requires specific documentation before, during and after mediation.
Understanding the purpose of each document assists parties, legal practitioners…
The most sophisticated approach to dispute resolution is not necessarily to litigate every matter to conclusion. It is to consider every available mechanism for achieving an outcome that serves the client’s interests.
