Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques”. Mediation, when utilised in law, is a form of alternative dispute resolution. Parties that are involved in a dispute may choose the mediation process to resolve the issues between them, either before …
THE COST OF MEDIATION VS LITIGATION
Litigation is the primary method of dispute resolution in the South African justice system. Essentially, litigation is the institutionalised process adopted by the court system as the method of resolving disputes. The process is characterised by a number of deficiencies, which include the adversarial nature of the process, which often creates further conflict between disputing parties and often results in …
Choosing mediation when resolving disputes
If I suggest mediation to a party with whom I have a dispute, am I signalling that I lack confidence in my own case? Mediation offers many advantages to parties for resolving a range of disputes, when compared to litigation and arbitration. The mediator must however be properly qualified. Lawyers, who understand mediation, have an important part to play in …