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Cape Town - In a number of property disputes, mediation rather than litigation has been shown to be capable of giving quicker, more equitable and less expensive solutions than would probably have been achieved by litigation, according to Grant Gunston of Gunstons Attorneys.
This can be especially true in sectional title complexes, which have an inherent potential for disputes to arise among neighbours, possibly as a result of their living so closely together and having different personalities and concerns – or for other reasons.
Gunston is a founder member of the Association of Independent Mediators (AIM) and is involved in mediation training.
He said the department of justice and constitutional development is now finalising rules for the use of mediation in court processes and this will further encourage the use of mediation throughout South Africa.
Prosecutors in the criminal courts are also making increasing use of mediation as one of their options in the administration of justice.
“Mediation must become more widely used throughout our country,” said Gunston.
“Its merits are compelling – including speedier and more cost effective resolution, the potential for more creative and satisfactory outcomes, and, from a public point of view, the clearing of the backlog in the law courts which will lead to a more effective administration of justice."
Ashley Curran, who spearheaded Curran Mediation and is also a partner at Du Plessis.Curran Attorneys, said that mediation should always be a preferred option in a dispute as it can achieve remarkable results.
“Often emotions run high in family law matters and the Court system is not always an appropriate forum for ensuring the best interests of your family are protected,” said Curran.
He explained that mediation is a process where a skilled and neutral third party (usually an attorney, psychologist or social worker) assists parties or families in conflict by facilitating and exploring options to settle their particular dispute.
The mediator will manage the parties’ negotiations and the parties are afforded an opportunity to arrive at their own mutually acceptable solutions.
Once a mediator is appointed the parties attend a number of sessions with the mediator. During these sessions each party will be given an opportunity to voice their concerns, make suggestions and explore options for resolving the dispute.
Minister of Justice and Constitutional Development Jeff Radebe said at the inaugural African Alternative Dispute Resolution (ADR) and Arbitration conference hosted by the Cape Chamber of Commerce on Thursday, this is a growing semi-legal form of dispute resolution.
"An effective ADR Mechanism will also require the strengthening of regional trade blocs in such a manner that they all strive for the development of the continent as a whole rather than the promotion of their regional interests," said Radebe.
"Much headway has been made in this regard at a political level and there is general acceptance that if one part of Africa is underdeveloped and less attractive for business, then the whole continent will be similarly affected."
This can be especially true in sectional title complexes, which have an inherent potential for disputes to arise among neighbours, possibly as a result of their living so closely together and having different personalities and concerns – or for other reasons.
Gunston is a founder member of the Association of Independent Mediators (AIM) and is involved in mediation training.
He said the department of justice and constitutional development is now finalising rules for the use of mediation in court processes and this will further encourage the use of mediation throughout South Africa.
Prosecutors in the criminal courts are also making increasing use of mediation as one of their options in the administration of justice.
“Mediation must become more widely used throughout our country,” said Gunston.
“Its merits are compelling – including speedier and more cost effective resolution, the potential for more creative and satisfactory outcomes, and, from a public point of view, the clearing of the backlog in the law courts which will lead to a more effective administration of justice."
Ashley Curran, who spearheaded Curran Mediation and is also a partner at Du Plessis.Curran Attorneys, said that mediation should always be a preferred option in a dispute as it can achieve remarkable results.
“Often emotions run high in family law matters and the Court system is not always an appropriate forum for ensuring the best interests of your family are protected,” said Curran.
He explained that mediation is a process where a skilled and neutral third party (usually an attorney, psychologist or social worker) assists parties or families in conflict by facilitating and exploring options to settle their particular dispute.
The mediator will manage the parties’ negotiations and the parties are afforded an opportunity to arrive at their own mutually acceptable solutions.
Once a mediator is appointed the parties attend a number of sessions with the mediator. During these sessions each party will be given an opportunity to voice their concerns, make suggestions and explore options for resolving the dispute.
Minister of Justice and Constitutional Development Jeff Radebe said at the inaugural African Alternative Dispute Resolution (ADR) and Arbitration conference hosted by the Cape Chamber of Commerce on Thursday, this is a growing semi-legal form of dispute resolution.
"An effective ADR Mechanism will also require the strengthening of regional trade blocs in such a manner that they all strive for the development of the continent as a whole rather than the promotion of their regional interests," said Radebe.
"Much headway has been made in this regard at a political level and there is general acceptance that if one part of Africa is underdeveloped and less attractive for business, then the whole continent will be similarly affected."
