As of 9 March 2020, parties are required to consider mediation
for every new matter instituted in a High Court of South Africa.
Non-compliance with this new rule, could result in a party
receiving an 'irregular step' notice – which could
significantly delay the finalisation of a matter, and lead to
unnecessary costs.
Mediation typically is a voluntary process between parties to a
dispute in which an impartial and independent mediator, assists the
parties to either:
- resolve the dispute between
them;
- identify and limit the issues in
dispute;
- explore potential areas of
compromise;
- generate options to resolve the
dispute;
- clarify priorities by facilitating
discussions between the parties; and
