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ARTICLE · 07 JUNE 2010

Peace in our time - Mediation: the new way

DLA Cliffe Dekker Hofmeyr
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People who have been through litigation will know what an expensive, time consuming and frustrating exercise it can be.

South AfricaLitigation, Mediation & Arbitration
Richard Marcus
Richard Marcus

In 2007, Lord Justice Ward stated the following -

"What I found profoundly unsatisfactory, and made my views clear in the course of the argument, was the fact that the parties have between them spent in the region of £100,000 arguing over a claim which was worth about £6,000. In the florid language of the argument, I regarded them, one or other, if not both, of them as 'completely cuckoo' to have engaged in such expensive litigation with so little at stake ... In so many cases, and this is just another example of one, the best time to mediate is before the litigation begins. It is not a sign of weakness to suggest it. It is the hallmark of commonsense. Mediation is a perfectly proper adjunct to litigation. The skills are now well developed. The results are astonishingly good. Try it more often."

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