Civil Procedure
Mediation
Mediation is a voluntary, confidential dispute resolution process in which a neutral mediator helps parties reach a settlement. It is faster and cheaper than litigation.
Legal Definition
An alternative dispute resolution process in which a trained, impartial mediator facilitates negotiation between disputing parties to reach a mutually acceptable resolution. The settlement agreement is binding on the parties. South African courts actively encourage mediation before trial.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Court-Annexed Mediation Rules (GN 174 of 2014)
Practical Example
A commercial dispute between a supplier and client is referred to a mediator. Over two sessions, they reach a settlement — saving both parties months of expensive litigation.
Frequently Asked Questions
Is mediation mandatory before going to court?
In magistrates' courts, Rule 70 requires referral to mediation. Parties may opt out, but the court encourages settlement.
Is a mediation settlement legally binding?
Yes. A signed settlement agreement is a binding contract. If one party breaches, the other can seek judgment by consent.
Is what I say in mediation confidential?
Yes. Mediation communications are privileged and inadmissible in subsequent proceedings unless both parties consent.
Related Terms
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