Mediation

With the global growth of court-mandated mediation, we provide strategic guidance to clients across diverse sectors, industries, and jurisdictions on how to use mediation effectively.

Many of our lawyers are also trained and qualified mediators, allowing them to help facilitate practical commercial resolutions that align with business objectives.

Mediation is an effective form of alternative dispute resolution that offers a confidential and flexible framework in which parties can explore whether a dispute can be resolved without recourse to costly and protracted arbitration or litigation. It can often be concluded much faster than conventional dispute resolution procedures.

A properly managed mediation can give the parties a degree of autonomy and control over the process and its outcomes. This facilitates resolutions that are commercially sensible and preserves key business relationships between the parties.

Understanding that each dispute is different, we provide tailored mediation strategies to achieve the best practical outcomes for our clients.

Our lawyers offer specialist guidance and services for clients at every stage of the mediation process, including:

Drafting dispute resolution clauses that incorporate mediation or other alternative dispute resolution.
Agreeing the procedures, terms and parameters of a mediation, including advising on whether institutional or ad hoc mediation is appropriate.
Selecting and appointing a suitable and neutral mediator.
Preparing for and conducting the mediation, including in relation to court-annexed or mandatory mediations and advising on demonstrating compliance with mandatory mediation.
Advising on and drafting enforceable, final and binding settlement terms.
Advising on next steps to secure and protect your legal position if the mediation does not successfully resolve the dispute.

Mediation Brochure

Mediation

Services

Understanding that each dispute is different, we provide tailored mediation strategies to achieve the best practical outcomes for our clients.

Our lawyers offer specialist guidance and services for clients at every stage of the mediation process, including:

Drafting dispute resolution clauses that incorporate mediation or other alternative dispute resolution.
Agreeing the procedures, terms and parameters of a mediation, including advising on whether institutional or ad hoc mediation is appropriate.
Selecting and appointing a suitable and neutral mediator.
Preparing for and conducting the mediation, including in relation to court-annexed or mandatory mediations and advising on demonstrating compliance with mandatory mediation.
Advising on and drafting enforceable, final and binding settlement terms.
Advising on next steps to secure and protect your legal position if the mediation does not successfully resolve the dispute.

Brochures

Mediation Brochure

Mediation

Mediation Lawyers

Our Mediation Lawyers

SECTOR HEAD

Tim Fletcher

Chairperson, Director +27 (0)11 562 1061 tim.fletcher@cdhlegal.com

Our Work

All

Representing one of the world’s largest mining companies in a mediation regarding the sale of shares and a disputed supply agreement.

Advising an engineering company in a mediation with an Australian mining company regarding a project in Malawi.

Representing a South African insurance company in a mediation in Australia concerning underwriting claims.

Representing a contractor in mediation proceedings agreed to in accordance with the JBCC Principal Building Agreement for the settling of outstanding payments certificates and retention monies.

Acting in a mediation between the Department of Mineral Resources and Energy and local community forums.

Advising a European property developer in a court-ordered mediation in relation to a claim for misrepresentation and fraud, and advising on the drafting of comprehensive and binding settlement terms.

Representing a South African utility company in a series of adjudications in relation to claims by an international contractor.

Representing a state-owned entity in multiple adjudications under the NEC 3 form of contract relating to a pipeline project for the supply of liquid fuel products.

Representing the infrastructure development arm of a major local municipality in an adjudication relating to disputes linked to construction projects.

Representing a state-owned entity in dispute adjudication proceedings under the NEC 3 form of contract relating to infrastructure projects at a harbour.

Acting in a mediation between juristic entities in terms of a breach of contract and drafting a settlement agreement.