Legal Mediation Services

Litigation is becoming increasingly unpopular as a means of resolving disputes due to its high costs, high risk, slow progress and adversarial nature.

Businesses frequently require a quick and effective resolution to disputes that hamper day to day operations. Litigation does not provide a solution to this.

Mediation is different: it provides a forum for parties to address their differences and seek win-win solutions; it is quick; and involves a fraction of the costs of litigation. Mediators are skilled at enabling the parties to reach an agreement - therefore the outcome is acceptable to all parties, so salvaging the business relationships involved.

In terms of the rules of court, parties must consider mediation in every action or application before they may proceed with litigation. A failure to do so could lead to an adverse costs order, even against the successful party.

Why is mediation the better alternative?

Fast process: Mediation can be concluded within a couple of weeks, while litigation will take months or years;

Reduced costs: Significantly less costs will be spent on the mediation process as opposed to litigation. The speedy conclusion of the matter results in further savings in both time and money;

Assisted negotiation: A skilled mediator assists the parties to negotiate potential solutions to the dispute. Even if negotiations between the parties have failed in the past, with the assistance of a mediator, an agreement can still be reached;

Negotiated outcome: The parties will negotiate and agree upon a mutually acceptable outcome, which results in a win-win scenario;

Voluntary participation: If a party is of the opinion that a negotiated agreement cannot be reached, it is free to withdraw from the mediation process at any time;

Practical solution: Business people can find practical solutions that make financial sense, rather than being burdened by legal arguments and interpretational disputes;

Preserve relationships: Where parties are empowered to find positive solutions to disputes, the relationships between business partners are preserved;

Confidentiality: Mediation is a private process, conducted under strict agreement to preserve confidentiality, as opposed to court proceedings which are usually open to the public;

Without prejudice: The discussions and negotiations in mediation are without prejudice and cannot be used against either party in subsequent litigation, should mediation fail.

WHAT WE OFFER

MacRobert Attorneys is an innovative and continuously evolving legal firm. We recognise the needs of modern business to resolve disputes quickly, cost effectively and sensibly.

Our team can assist you to achieve exactly this, in order for you to get back to business as soon as possible. We are able to conduct and facilitate the mediation process, either as mediators or in an advisory capacity.

Contact us to discuss the mediation of a variety of matters, including commercial issues, workplace problems, general disputes, family matters and delictual claims. Even pending court cases can be referred to mediation.