An amendment by the Rules Board for Courts of Law will compel South Africans to declare that they have considered mediation as a solution to any forthcoming legal matter before commencing litigation steps and starting a lawsuit.<\/p>\n
Mediation, which was introduced in South Africa as an Alternative Dispute Resolution (ADR), is considered a time- and cost-effective means where parties in a dispute can appoint a qualified neutral third party to act as mediator to facilitate an agreed settlement.<\/p>\n
The mediator facilitates discussions between the parties, assisting them in identifying issues, clarifying priorities, exploring areas of compromise and generating options to resolve the dispute.<\/p>\n
Published in the Government Gazette on 7 February 2020, the rule changes will come into operation on 9 March 2020, said PJ Veldhuizen, managing director of law firm Gillan and Veldhuizen.<\/p>\n
Veldhuizen said that the amendment also provides that if mediation has not been considered, the court itself is obligated to manage cases effectively and recommend mediation as a dispute resolution if it deems it appropriate.<\/p>\n
He added that the new rule changes will now require the practising representative attorney to declare that he\/she has advised his\/her client to consider mediation as a means of attempting to resolve the dispute which is the subject of the proposed proceedings.<\/p>\n
“Following countries such as the USA, UK and Australia, South Africa has recognised mediation as an effective method of resolving differences.<\/p>\n
“Recent case law in the UK has set out that ADR should be strongly encouraged and prescribes when ADR is an appropriate mechanism.<\/p>\n
“Furthermore, attorneys and litigants who ignore this Rule will do so at their peril and may find themselves on the receiving end of a costs order,” said Veldhuizen.<\/p>\n
He added that the new rule will create a much-needed easing-off of pressure on South African courts and legal process and the costs of legal representation.<\/p>\n