MEDIATION UNDER THE GAUTENG MEDIATION PROTOCOL
There is much trepidation and concern around the incorporation of compulsory mediation into the South African litigation process. Our Gauteng courts have published protocols for mandatory mediation to take place prior to the allocation of trial dates. Whether mediation is a help or a hindrance in this regard is entirely dependent upon the will of both parties to expedite the matter towards finalisation. The excessive wait for trial dates in these courts has become untenable and urgent intervention has been unavoidable. That being said, whether compulsory mediation is the answer, remains to be seen. There has been much worldwide promise and success in mandatory mediation with implementation in the various jurisdictions and fields across the US, England, Wales, Germany, Italy and Japan but to name a few. Courts in Australia too have the power to order mediation. We are optimistic in relation to its success in Gauteng.
Leigh de Souza is an approved panel mediator on inter alia the ADR, court platform. While she prefers mediation on the virtual platform which has proven hugely successful, not to mention cheaper and more time efficient, her facilities boast tranquil and stylish mediation rooms for times when parties prefer face to face mediation.
PARTIES SEEKING MEDIATION OF A DISPUTE
Mediation enquiries are to be directed to both leigh@lds-legal.com and heila@lds-legal.com.
LDS CODE OF CONDUCT
Mediators mediating under the auspices of LDS agree to compliance with and adherence to the following code of conduct and undertake to:
-
Conduct themselves with dignity, respect and decorum;
-
Behave in a manner cultivating of mutual respect and diversity and without prejudice or bias to gender, sexual orientation, race or ethnicity, religious or cultural belief, citizenship or origin, political affiliation, age, physical capacity or mental capacity;
-
Conduct mediations ethically and without favour or prejudice in the specific recognition that facilitative mediation requires utmost good faith and complete objectivity;
-
Treat all persons present in the mediation equally with recognition of their rights as well as their obligations and duties vis a vis the mediation itself;
-
Provide a welcome and positive environment and to promote mediation as a sound, positive and viable platform for dispute resolution;
-
Ensure they remain abreast of developments in their chosen mediation fields;
-
Prepare diligently for every mediation conducted on the basis of the information and documentation presented to them by the parties, ensuring an understanding of the issues in dispute;
-
Where possible and in the interests of cost saving, to encourage parties to draw up a privileged statement of case allowing an easier understanding of the essence of the dispute/s;
-
Allow the presence of two, formally accredited but unpaid mediators to attend each mediation in the interests of skill exchange and in specific recognition of the ongoing need for transformation in South Africa;
-
Uphold the principles of confidentiality and respect the without prejudice nature of all proceedings;
-
Recognise that save for the impact of their skill in facilitative mediation, they have no control over the outcome of the mediation;
-
Competently:
12.1 Facilitate discussion between the parties and maintain a facilitative style of mediation;
12.2 Assist the parties in identifying issues, exploring settlement options, considering their best and worst alternatives to a negotiated agreement and reaching an agreement on one or more of the issues in dispute;
12.3 Ensure that the mediation process is conducted fairly and impartially;
12.4 Provide the parties with guidance on the structure and protocols of the mediation process while refraining from imposing solutions;
13. Follow the complaint protocols and processes of LDS in the event of complaint by any party;