IMPARTIAL DISPUTE RESOLUTION

Helping parties in dispute to solve their differences out of Court

Mediation is a process in which parties in dispute rely on the assistance of an impartial third party (mediator) to help them reach agreement. The mediator acts only as a facilitator, and does not decide the outcome of the conflict - this remains in the hands of the parties. Neutral Mediator came about in response to the imperative to keep disputes between parties out of Court through facilitative mediation. Thanks to Section 34 of the South African Constitution which guarantees everyone access to a court, tribunal or another forum to solve disputes, and through Rule 41A of the Uniform Rules of Court, the South African legal dispensation encourages parties in dispute to consider mediation before taking matters any further. Accordingly, the Court should be the last resort in a dispute, and this rule requires practicing attorneys to declare before court that they had advised their clients to consider mediation as an option to resolve their dispute. And if they have not done so, or should the parties in dispute not have considered mediation as an option, they could be penalized with costs orders. Of course, should the disputing parties have elected to mediate, the Court needs not be an option at all. As an accredited mediator and procedural expert, Neutral Mediator helps parties in dispute through facilitative mediation to seek consensus and agreement, and also serves as independent chairperson for purposes of disciplinary hearings in the workplace.

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