STEP BY STEP PROCEDURE
The Department of Justice and Constitutional Development now offers mediation services. Mediation is a process by which a mediator assists the parties in actual or potential litigation to resolve the dispute between them by facilitating discussions between the parties, assisting them in identifying issues, clarifying priorities, exploring areas of compromise and generating options in an attempt to resolve the dispute. It is an alternative to having the dispute adjudicated in court. Mediation will be rendered at dedicated rooms identified as Therisano Centres.
STEP 1: Go to the office of the mediation clerk at the court.
Explain your problem to the clerk.
STEP 2: If mediation is possible, the clerk will assist you to fill in an application form.
- MED-1 Application for referral to mediation prior to litigation
- MED-3 Application for referral to mediation after litigation commenced
STEP 3: The clerk will invite you and the other party to come to a meeting to discuss an agreement to mediate.
At this meeting:
- the clerk will explain mediation.
- the parties sign a written agreement to mediate.
- the clerk will assist the parties to choose a mediator.
- the date and time of mediation will be agreed and fees
- paid according to a fixed tariff and shared equally by both parties
STEP 4: The mediator and parties meet on a suitable date for a mediation session.
- The mediator explains mediation rules and procedures.
- Each party tells their story.
- The mediator may ask questions.
- The mediator suggests solutions.
- Parties discuss what is the best solution.
STEP 5: An Agreement is reached by the parties.
- The mediator helps parties to write an agreement.
- Agreement may be made an order of court if parties wish.
Benefits of mediation:
- It offers speedy resolution of disputes.
- It is considerably cheaper than litigation.
- It provides a win-win situation for both parties in a dispute.
- The process is flexible and avoids technicalities.
- It is a voluntary process.
- It promotes reconciliation.
- Parties can use their own languages.
Follow this link to view the PDF version of the step by step procedure for mediation.