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Mediation has become a mandatory consideration for dispute resolution in South Africa, and rightfully so. Mediation has become a mandatory consideration for dispute resolution in South Africa, and rightfully so. Mediation is an informal conflict-resolution process facilitated by a neutral third person, the mediator.
Mediation is a process in which a neutral third party, the mediator, facilitates a negotiation between two or more parties in order to docHub a mutually acceptable settlement of their dispute. Mediation is generally less formal than arbitration and does not involve a binding decision. ADR to the Rescue: A look at Arbitration and Mediation in South mfp.co.za litigation adr-to-the-rescue-a-l mfp.co.za litigation adr-to-the-rescue-a-l
Generally, mediation clauses are enforceable. However, mediation is essentially a consensual process, and a settlement is unlikely if one party is forced to participate. The mediation clause recognizes that both parties have considered, and are open to, the mediation process. Sample Mediation Clause - United States Arbitration Mediation usam.com mediation sample-mediation-clause usam.com mediation sample-mediation-clause
Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order. California Rules of Court, rule 3.853 - California Courts ca.gov cms rules ca.gov cms rules
Most commercial contracts also now include a standard clause requiring mediation as a first step in the dispute resolution process. All of this has resulted in an increasing demand for trained and skilled mediators in South Africa. PABASA Mediation pabasa.co.za pabasa-mediation pabasa.co.za pabasa-mediation

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Mediation is available in most civil cases. Some nonviolent criminal cases, like those involving verbal harassment, can also be resolved through mediation. Claims not involving a clear legal issue are also good candidates for mediation.

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