Mediation is a process whereby a qualified and independent mediator assists parties locked in a dispute to resolve their conflict as between each other. A mediator will make use of negotiation tools and specialised communication to help the parties really hear what each other says, and by so doing facilitates a negotiation process. The types of matters that best lend themselves to mediation include employment matters, divorce, and family law matters, shareholders disputes, commercial transactions, and any matters which do not have complex procedural or evidential aspects to them.

Mediation is preferable to formal litigation for, amongst others, the following reasons:

1. Cost: The cost of mediation is considerably less than a court or arbitration process. In some cases, the difference in costs can run into the hundreds of thousands of Rands.
2. Preservation of the relationship: Parties are better able to maintain a relationship after a mediation process than a court process, especially where individuals are concerned. The process is intended to be restorative and allow for the parties to air their views and then negotiate a way forward as opposed to being caught up in a lengthy and, often destructive, court battle.
3. Time: A mediation can be completed in a few hours or, at most, a few days. This is far preferable to the protracted litigation process which can drag on for many months or even years.

Mediation is fast becoming embedded in the South African justice as an alternative option to the often-times, inaccessible court system. It may be time to consider Mediation as the first point of call when negotiations fail.