The process by which a trained and independent professional assists parties to a dispute to amicably resolve such dispute without having to get involved in expensive and drawn-out litigation.
The Settlement Agreement can be made an Order of Court and even if the settlement agreement has not been made a Court Order any of the parties can still claim based on the breach of the settlement agreement.
- Mediation is generally cheaper and faster than litigation;
- You get a unique (out of the box) solution to the dispute;
- You can choose the mediator;
- Mediation preserves relationships (family and business);
- The focus is on what is best for all the parties involved (not a winner-takes-it-all-approach)
- Mediation is a simple process and therefore you do not need to be represented by an attorney;
- You determine the terms of the settlement as opposed to a court issuing the parties with an order;
- Mediation is confidential and done without any prejudice to any of your rights; and
- Should the mediation process be unsuccessful, parties may still proceed to have a court decide the dispute but benefit from the mediation narrowing the dispute
and thus will spend less time in court, resulting in a smaller legal bill.
We have a dedicated mediator, who is also an admitted attorney of the High Court, with years of experience in negotiating settlement agreements. JD Robertson holds an LLB degree, obtained cum laude, from the University of Pretoria. He trained as mediator with the University of Cape Town. Dykes van Heerden’s 25-year reputation as leader
in the legal industry coupled with JD’s skill and training will ensure that you only receive the best mediation service from us.