Mediation Resolve

My very talented friendd's exhibition in Potchefstroom.

It is finally time for my exhibition! I am so excited!
Please do visit if you are in the area.

Mediation Rule 41A of the High Court

COVID-19 has put the new Mediation Rule 41A of the High Court at the centre of our legal system. Attorneys are seeing their world turn upside down by social distancing and many are scrambling to understand how Rule 41A and online mediation will help them resolve their clients’ cases. However, it creates a problem-solving environment where a skilful and experienced mediator can help attorneys settle their clients’ cases or limit the issues in dispute.

Is mediation the answer in the time of COVID-19?
Mediation brings parties together; it opens the eyes of the parties for them to be able to see beyond the dispute. Disputes have a way of clouding the minds of people involved in disputes, to not see what is best in their respective situations. Due to possible dignity violations that have not been addressed, the brain is consumed by the dispute, and the unfortunate results of same are consequential decisions made and actions taken by parties, which could be detrimental to the people, companies or entities involved in the dispute. Mediation makes contact with the person in the dispute or the people behind the companies and entities in dispute. It is personal to the parties involved and, as a result, addresses the needs of the people in the dispute. As opposed to a four-year court battle where a decision will be made and imposed on the parties; mediation creates a platform, through sharpened skill, to have the people take part in reaching of their own decisions.
Pearl Biyela LLB (UKZN) is a legal practitioner and accredited commercial mediator at Tomlinson Mnguni James Attorneys in Durban.

This article was first published in De Rebus in 2020 (Nov) DR 20.