As the old adage goes, "The price for peace is paid
upfront, that of quarrel afterwards."
These words resonate strongly in South Africa's current
environmental context, where disputes over land contamination,
water pollution, and scarcity of natural resources are both costly
and damaging to communities and the environment. Traditional
litigation is slow, costly, and often deepens divisions.
However, a shift to mediation, a process which involves a
neutral third party to assist parties in reaching a voluntary
agreement, may oftentimes be a more appropriate means of dispute
resolution.
Mediation offers a faster, more cost-effective, and
collaborative path to dispute resolution, yet remains underused
despite being recognised in our legal framework. Recent reforms,
especially in the Gauteng High Court, may mark a turning point
toward more effective environmental dispute resolution by way of
mediation.
