Mediation and the Law
International and local trends towards mediation
Both internationally and locally, mediation is regarded as the smarter option and the first port of call in the resolution of commercial, matrimonial and labour disputes.
It is widely acclaimed to be the more expedient, constructive, cost-effective mechanism for dispute resolution and is endorsed by the judiciary and legal fraternity as well as the financial and commercial sector. In a number of international jurisdictions, litigants are precluded from embarking on a court process without having properly attempted mediation first.
In the South African context, the King III Report endorses mediation as a “creative and forward-looking solution”, particularly where it involves a continuing relationship between the parties.
(Institute of Directors Southern Africa. 2009. King Report on Governance for South Africa 2009.)