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.
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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.
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Mediation News
More newsClearing the Backlog: Submissions invited on mandatory mediation
The Gauteng Division of the High Court has introduced a draft directive aimed at addressing the severe backlog of civil cases in its division (available here ). This initiative proposes mandatory mediation as a prerequisite for setting trial dates, marking a significant shift in the judicial process. The legal community has been invited to provide feedback on the draft directive, with submissions due to the Gauteng High Court by 3 April 2025 .
From conflict to resolution: Insights into traditional global mediation practices
Conflict is a natural part of human interaction, and different cultures have developed unique dispute resolution strategies to address disputes in ways that align with their traditions, values, and social structures. While some approaches focus on formal legal procedures, others emphasise relationships, morality, or community harmony. As a country practically at its infancy in its journey into the more formalistic mediation space, South Africa should continuously seek insight into various techniques employed to resolve disputes through mediation. As an alternative source of knowledge wealth, we look to certain jurisdictions where dispute resolution through mediation is steeped in long-standing tradition. Of particular interest for this article are the more traditional mediation strategies employed by communities in Eastern Asia and North America.
Dispute resolution within construction and engineering: Mediation
Construction & Engineering Law experts Clive Rumsey and Sethu Khumalo joined CDH Conversations where they discussed mediation as a form of dispute resolution within the construction and engineering sector, as part of their three-part podcast series.
Market recognition
Our Mediation team is externally praised for its depth of resources, capabilities and experience.
- Chambers Africa Awards ranked CDH Law Firm of the Year in the Dispute Resolution category.
- Chambers Global 2022–2025 ranked us in Band 2 for dispute resolution.
- The Legal 500 EMEA 2017–2025 recommended us in Tier 1 for dispute resolution.
Market recognition
Our Mediation team is externally praised for its depth of resources, capabilities and experience.
- Chambers Africa Awards ranked CDH Law Firm of the Year in the Dispute Resolution category.
- Chambers Global 2022–2025 ranked us in Band 2 for dispute resolution.
- The Legal 500 EMEA 2017–2025 recommended us in Tier 1 for dispute resolution.