Arbitration/Mediation
Arbitration and mediation is a dynamic, structured and interactive process for resolving disputes between parties outside of court through the use of specialized communication and negotiation techniques. All of which while keeping in mind our client’s uniqueness and individual needs.
Arbitration and mediation are both alternative methods of resolving disputes, but there are some key differences between the two. One of the main differences is that arbitration results in a final and binding decision, while mediation results in a non-binding settlement agreement.
Rule 41A, introduced into the Uniform Rules of Court (Rules) in February 2020, mandates that parties to a dispute consider mediation as a dispute resolution mechanism. Rule 41A(2)(a) prescribes that in every new action or application proceeding, “the plaintiff or applicant shall, together with the summons or combined summons or notice of motion, serve on each defendant or respondent a notice indicating whether such plaintiff or applicant agrees to or opposes referral of the dispute to mediation”.
Mediation has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the Magistrate’s Courts and specifically includes mediation as an option for parties involved in litigation.
