Commercial Mediation

Product Details:
Author(s):
Brand, J ,
Steadman, F and
Todd, C
Year Published:
2016
Edition
2nd Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Commercial Mediation is the first South African publication that explains how to conduct mediation in commercial matters. While mediation is well established in many parts of the world as a speedier, less costly and more effective method of resolving commercial disputes than traditional litigation, it is only beginning to emerge as an option in the dispute resolution landscape of South Africa. In March 2014, the Department of Justice and Constitutional Development promulgated a mediation rule. The rule is set out and discussed in this second edition of the book.
Commercial Mediation explains the processes that take place before and during commercial mediation and analyses the different types of consensus-seeking approaches and the key principles of mediation. The book includes specimen agreements to mediate and a specimen clause which allows for referral to mediation or arbitration. Each chapter concludes with a useful summary.
Content
Commercial mediation in South Africa
Mediation among the range of processes for resolving disputes
Key characteristics of mediation
A typical mediation process
Court-annexed mediation
The decision to mediate
Getting to mediation
Preparing for mediation
In the mediation: the representative’s role
Ethics in the mediation process
Annexures:
Statutes which make provision for mediation
Rules regulating the conduct of proceedings in the magistrates’ courts
Specimen contract clause
Specimen agreements to mediate
Interest / Benefit to
Commercial litigation attorneys
Magistrates
Dispute resolution organisations
Mediators