MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION
Mediation
the protea group | advocates
South Africa’s justice system is overburdened and under-resourced.
This perpetual state of backlog in pending cases significantly contributes to dissatisfied litigants, judicial officers and the justice system in general.
It seems incomprehensible that litigation as first option in dispute resolution is not rather set up as an alternative form of dispute resolution, after mediation.
“Justice delayed is justice denied” – If legal compensation or equitable relief to an injured party (a litigant) is available, but is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all.
The civil justice system has priced itself out of reach of many South Africans, and mediation is becoming more and more popular as means to resolve disputes in diverse fields of law. Mediation reframes a dispute as a joint problem, and then finds a joint resolution rather than a battle over who is going to claim victory.
Rule 41A of the Uniform Rules of Court now makes it mandatory for parties to consider mediation at the outset of any contemplated litigation, and it challenges the current adversarial civil justice system and the dualistic approach (right or wrong; win or lose) of courts by:
(a) recognising that there are usually more than one side to all disputes, or rather more underlying issues than the most obvious; and
(b) creating a cost-effective and speedy problem-solving environment where a skilful and experienced mediator can assist the parties in potentially settling all their issues, or, at the very least, to limit the issues in dispute.
The Protea Group recognises the importance of mediation as an alternative form of dispute resolution. As a Group, we are equipped and able to assist disputing parties in reaching amicable solutions to their disputes through mediation, which amounts to facilitative and transformative mediation as opposed to adjudicative mediation. We have qualified mediators only.
You may view the attachments below:
Both Dawie Joubert SC and Van Rhyn Fouché qualified as mediators after successfully completing the UCT Law@Work Mediation Course and duly obtained their DISAC (the Dispute Accreditation Council of South Africa Mediators) accredited qualification in June 2021. They are also members of Mediation in Motion and the Centre for Mediation in Sport.
Riaan Booysen obtained his qualification as a CD/ACDS accredited mediator at the University of Stellenbosch Business School in 2014. He also successfully attended and completed the CEDR Mediation Accreditation, Centre for Effective Dispute Resolution (United Kingdom) in 2015 and the Advanced Mediation Workshop: Mediating Complex Disputes (Harvard Law School) in 2016.
Luyanda Mbatha obtained her Certificate of Mediator Accreditation after completing the Conflict Dynamics’ 40-hour Commercial Mediator Skills Training Course in November 2018.
Sipho Luvuno obtained a Certificate in Advanced Alternative Dispute Resolution from the Arbitration Foundation of South Africa (AFSA) in collaboration with the University of Pretoria in 2024. He has also completed a RAF Mediation course with AFSA, further enhancing his expertise in dispute resolution and mediation within the Road Accident Fund context.
Hannah Le Roux completed the 40-hour mediation training course with an institution accredited by the Dispute Settlement Accreditation Council “DiSAC”.