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.

Our years of experience in advising on litigation and insolvency-related matters allows us to provide commercial advice designed to withstand the worst-case scenario.  We don’t provide standard agreements but seek to understand your business with all its attendant risks and prepare a commercial solution that gives you a strong foundation for your business or transaction.

Our services in this field include:

  • Preparing terms and conditions, lease agreements employment agreements, restraints of trade privacy policies and related agreements
  • Drafting of trusts
  • Tax advice
  • Commercial transactions and legal risk management
  • Drafting of wills
  • Drafting of company documentation including Memoranda of Incorporation and shareholders’ agreements

As experts in this field we do more than just go through the motions of a legal process.  We understand that business is a risk and that when things go wrong you need quick and practical advice.

Our services in this field include:

  • Advising businesses and creditors on insolvency, business rescue and turnaround
  • Drafting proof of claims for creditors of companies in liquidation
  • Advising clients of the nature, process and effects of insolvency and business rescue
  • Settling of disputes and dealing with objections to liquidation and distribution accounts
  • Applications for liquidation, sequestration or business rescue
  • Rehabilitation of insolvents
  • Running of inquiries for liquidators

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