ARTICLE · 06 DECEMBER 2021

How Parties Should Conduct Themselves During Mediation

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For a few years now, it has been compulsory to consider Mediation as a dispute resolution mechanism, even in litigation. If parties refuse without basis, there could be severe consequences.

South AfricaLitigation, Mediation & Arbitration

Nicolene Schoeman-Louw

For a few years now, it has been compulsory to consider Mediation as a dispute resolution mechanism, even in litigation. If parties refuse without basis, there could be severe consequences.

But what if one party feels the other is acting in bad faith? What are the behavioural requirements during the process?

Case Studies

In Kalagadi Manganese (Pty) Ltd and Others v Industrial Development Corporation of South Africa Ltd and Others (2020/12468) [2021] ZAGPJHC 127 (22 July 2021), a reportable case in that division, the Industrial Development Corporation ("IDC") brought an urgent application to place Kalagadi Manganese (Pty) Ltd ("Kalagadi") under business rescue. IDC is a state-owned lender and holds a minority shareholder stake in Kalagadi.

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