Why Mediation Deserves Approval – Especially Now – Peter Van Niekerk

I recently had the pleasure of mediating a dispute between two major corporates. What stood out wasn’t just the complexity of the issues, but the willingness of everyone involved, including the attorneys, to engage constructively and creatively and consider flexible and creative solutions. I mention the attorneys, because there is little doubt that attorneys can play a very positive and constructive role in assisting the parties to reach a settlement. The converse is also true.

What was particularly gratifying was that the parties are in an ongoing relationship and the mediation not only preserved their ongoing relationship but enhanced it.

This got me thinking about the criticism from some quarters in regard to the recent directive introduced in the Gauteng High Court. The mediation enhanced my views that much of the criticism is misguided.

Firstly, if a matter was not resolved in a two-day mediation, the matter would have taken a considerable time to reach a conclusion – not to mention the award being appealed against or taken on review. Secondly, the costs of the mediation pale into significance when one considers the costs of the High Court trial or arbitration.

I appreciate that none on what I have stated is novel, but I hope it will in some small way encourage clients and lawyers alike to see and appreciate the significant benefits of a successful mediation.