Litigation is becoming increasingly unpopular due to its high costs, high risk, slow progress, adversarial nature and general ineffectiveness to resolve disputes.
Businesses require quick and effective resolution to disputes that hamper day to day operations. Litigation does not provide the solution.
Mediation is different: It provides a forum for parties to address their differences and seek win-win solutions; it is quick; and involves a fraction of the costs of litigation. The mediator is skilled at enabling the parties to reach an agreement - therefore the outcome is acceptable to all parties, salvaging the business relationships involved.
In terms of the latest amendments to the rules of court, parties must consider mediation in every action or application before they may proceed with litigation. Not doing so could lead to an adverse costs order, even against the successful party.
So, why is mediation the better alternative?
Fast process: Mediation can be concluded within a couple of weeks, while litigation will take months or years;
Reduced costs: Significantly less costs will be spent on the mediation process as opposed to litigation. The speedy conclusion of the matter results in further savings in both time and money;
Assisted negotiation: A skilled mediator assists the parties to negotiate potential solutions to the disputes. Even if negotiations between the parties have failed in the past, with the assistance of a mediator, an agreement can still be reached;
Negotiated outcome: The parties will negotiate and agree upon a mutually acceptable outcome, it therefore results in a win-win scenario;
Voluntary participation: If a party is of the opinion there can be no negotiated agreement to the matter, it is free to withdraw from the mediation process at any time;
Practical solution: Rather than to be burdened by legal arguments and interpretational disputes, business people can find practical solutions that make financial sense;
Preserve relationships: Where parties are empowered to find positive solutions to disputes, the relationships between business partners are preserved;
Confidentiality: Mediation is a private process, conducted under strict agreement to preserve confidentiality, as opposed to court proceedings which are considered to be open to the public;
Without prejudice: The discussions and negotiations in mediation are without prejudice and cannot be used against either party in subsequent litigation, should mediation fail.
MacRobert Incorporated is an innovative and continuously evolving legal firm. We recognise the need of modern business to resolve dispute quickly, cost effectively and sensibly.
Our team can assist you to achieve exactly that and in order for you to get back to business. We are able to conduct, facilitate and produce all written agreements necessary for the mediation process.
Contact us to discuss the mediation of a variety of matters, including commercial, workplace, general disputes, family matters and delictual claims.
“It is never too late to mediate”