Fast relief for ongoing disputes/actions - Kimberley

Fast Relief for ongoing legal disputes / actions.

Within the South African court rules, there is provision made for resolving any dispute through mediation instead of using the timeous litigation path.

1. In the Companies act 71 of 2008, as an alternative to applying to a court for relief, a person may refer the dispute/ matter for mediation.

2. In the Consumer Protection act Act 68 of 2008 this act makes provision that a consumer can make use of mediation to resolve a dispute.

3. The labour relations act Act 66 of 1995 requires most employment disputes to be referred to mediation prior to industrial action and adjudication.

4. The Rental housing act Act 50 of 1999 section 13(2)(c) state, if the tribunal is of the view that a dispute arising from complaints laid with the tribunal concerning an unfair practice may be resolved through mediation it Must appoint a mediator, for resolving the dispute.

5. In the same way, many other matters can be referred for mediation instead of using the timeous litigation process to resolve a dispute.

6. In the children’s act Act 38 of 2005 in case of an unmarried father and biological mother regarding the parental responsibilities the matter MUST be referred for mediation.

7. This is also relevant in divorce matters where an decree of divorce agreement can be drafted by a mediator with a parenting plan and the maintenance agreement.

The settlement agreement signed during the mediation process can be made an order of court, is much quicker, and is less expensive and much more cost effective.The cost effectiveness comes therein that both parties contribute in advance equally to the cost of the mediation process, which guarantee the participation of both parties to get to a mutual beneficial agreement.

Even a dispute already in court can be referred for mediation as long as there is no judgement made yet, this is done with the filing of a mediation request to the magistrate. Which is normally granted by the court because of the courts enormous workload.



NC MEDIATION SERVICES (Pty) Ltd

is a private company that offer professional services and specialising in alternative ways to deal with conflict and dispute resolution. Mediation is fast becoming mainstream in our legal fraternity it offers individuals the opportunity to become involved in resolving legal disputes between parties in an informal but structured manner. Currently, approximately 90% of mediation takes place in civil/family disputes.



For any further enquires please contact us:
Member of S.A Association of Mediators (SAAM) / In association with Thomas Kouter Attorney's
Fax2mail: 086 403 1301 / Office; 053 842 0102 / E-mail: mediation.m@vodamail.co.za
Marius Kruger 076 763 2365 / Adv: R Kanetsi 073 234 2792