Alternative Dispute Resolution

 

 

The length of the mediation process varies depending on the issues and the people involved. In some instances, mediation can take
several hours and in others, it may require a number of sessions over a few months.

Yes. When you reach an agreement in mediation and sign a settlement agreement, it becomes a legally binding contract.  For court-referred mediations, the agreement can even be made an order of court, further strengthening its enforceability.

Mediation through VDM Attorneys offers numerous advantages:

  • Control: You remain in control of the outcome.
  • Confidentiality: All discussions are private and confidential.
  • Cost-Effective: Significantly cheaper than litigation and often arbitration.
  • Faster Resolution: Disputes are resolved much quicker than through court processes.
  • Mutually Satisfying Outcomes: You create solutions tailored to your specific needs and interests.
  • Relationship Preservation: Mediation is designed to preserve or manage relationships, crucial in business and personal disputes.
  • Flexibility: The process is adaptable to your unique situation.
  • Enforceable Agreements: Mediated settlement agreements are legally binding.
  • If you have any particular questions about mediation, these can be addressed by the mediator in a premediation meeting.
  • If your attorney is familiar with the mediation process, they may be able to address any concerns you may have.
  • You will be given a chance to explain your position during the mediation process. It is possible that, in explaining your position,it will become possible to resolve some of the issues.
  • It is important to remember that mediation requires a degree of flexibility from both parties.

Any party can suggest mediation at any time, provided that judgment has not been handed down on the matter. Even if  mediation does not result in a complete agreement on the issues, it can clarify the issues and help to shorten and simplify the court process.
In both the Magistrates and High Courts, where litigation is pending or it has already begun, you may at any stage before judgment agree to refer the matter for mediation. The prescribed notice must then be submitted to the court by one of you.
If the action has already been instituted, the proceedings will be suspended to accommodate the mediation proceedings.
You will need to agree on a mediator with the other side.
Parties to mediation have the right to be represented by an attorney, but it is by no means mandatory.
Where the parties to mediation reach agreement, the mediator will help the parties to draft a settlement agreement. Once finalised, the settlement agreement will be transmitted to the clerk of the court by the mediator. On receipt, the clerk of court will arrange for the matter to be recorded as resolved and, where necessary, for the agreement to be made an order of court by a magistrate.
 

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Mediation 

What is Mediation?

Mediation is a voluntary process used to resolve disputes without going to court. A neutral mediator facilitates discussions between the parties, helping them clarify issues, explore solutions, and work toward a settlement. Unlike arbitration or litigation, the mediator does not impose a decision — the outcome depends on the parties reaching agreement.

Mediation is confidential, usually quicker and more cost-effective than a trial, and can be applied in a wide range of disputes — from commercial and contractual conflicts to workplace or governance disagreements. Once the parties agree on terms, the settlement is written into a formal agreement, which is legally binding and enforceable.

Key Features of Mediation

Mediation is built on a few essential features that set it apart from arbitration or court proceedings. It is voluntary, meaning parties choose to participate and may withdraw at any stage. The process is confidential, with discussions kept private and “without prejudice,” ensuring openness without fear of later repercussions.

Flexibility is key — mediation adapts to the circumstances of the dispute and the needs of the parties. A neutral mediator facilitates discussions, encouraging constructive dialogue and helping parties explore solutions without imposing one. The process is collaborative, combining joint sessions with private meetings where concerns can be explored candidly. Mediation remains informal, focusing on understanding and problem-solving rather than strict rules of evidence or legal procedure.

How Mediation Works

A mediation session is designed to give both parties a structured but flexible forum to resolve their dispute with the help of a neutral mediator. While every case is unique, the process usually follows these steps:

  • Opening statements – Each party sets out their perspective and key concerns.
  • Private meetings (caucuses) – The mediator may meet separately with each party to clarify issues and explore possible solutions in confidence.
  • Joint sessions – Facilitated discussions bring the parties together to negotiate directly and identify common ground.
  • Agreement – If settlement is reached, the terms are written into a settlement agreement. Once signed, this agreement is binding and enforceable.

Mediation keeps the process focused, informal, and practical, often concluding far more quickly than traditional litigation.

Different Styles of Mediation

Mediators adapt their approach to suit the needs of the dispute and the parties involved. At VDM Attorneys, we draw on different styles to achieve the most effective outcome:

  • Facilitative mediation – The mediator structures the process and helps parties communicate and negotiate effectively, while leaving the outcome entirely in their hands.
  • Evaluative mediation – With the parties’ consent, the mediator may offer insights into the strengths and weaknesses of each case and suggest possible solutions, guided by legal or industry expertise.
  • Transformative mediation – Focuses on improving communication and recognition between the parties, often rebuilding relationships while addressing the dispute.

By tailoring the style to the context, mediation remains flexible enough to address disputes ranging from commercial contracts to workplace disagreements.

Mediation vs. Conciliation

Although mediation and conciliation are often grouped together, the role of the third party differs. In mediation, the mediator facilitates communication and negotiation but does not propose solutions — the outcome depends entirely on the parties reaching agreement. In conciliation, the conciliator takes a more active role, suggesting settlement options and sometimes offering expert input to guide resolution.

Both methods are voluntary and confidential, but mediation is generally preferred when parties want full control of the outcome, while conciliation may be chosen where structured guidance is needed to overcome deadlock.

Mediation vs Litigation — Key Differences

Feature Mediation Litigation
Timeframe Shorter and flexible; sessions scheduled to suit parties Longer; dependent on court rolls and formal timelines
Process Private, confidential, informal and interest-based Public, formal, governed by strict rules of procedure
Outcome Agreed settlement drafted and signed by parties (binding once signed) Judgment imposed by a judge; may be appealed
Cost Generally lower; focused sessions reduce legal spend Generally higher; extended pleadings, discovery and trial
Control Parties retain control over terms and timing Control shifts to the court and procedural rules
Focus Workable, commercial solutions (legal and non-legal issues) Rights-based determination; win/lose outcome
Relationships Preserves or ends relationships amicably Adversarial; relationships often deteriorate

When Mediation is Most Effective

Mediation is particularly effective where parties want a quick, private resolution that avoids the cost and publicity of court. It works well in disputes where preserving a relationship is important — for example, between shareholders, business partners, suppliers, or within a workplace. Mediation is also valuable in contract and governance disputes, where creative, interest-based solutions can achieve outcomes that courts cannot provide.

However, mediation may not be the right choice when a legal precedent is required, where urgent court orders are needed, or where one party has no genuine intention to negotiate. In those circumstances, arbitration or litigation may be more appropriate.

VDM Attorneys – Mediation Services

The success of mediation depends on preparation, skilled facilitation, and properly drafted settlement agreements. VDM Attorneys provide legal support throughout the mediation process — advising on suitability, representing your interests during sessions, and ensuring any agreement reached is legally binding and enforceable.

Our role is to protect your commercial and personal interests while keeping the process constructive and solution-focused. Whether your matter involves business contracts, governance disputes, or workplace conflict, we guide you toward practical, durable outcomes through mediation.

Contact VDM Attorneys to explore whether mediation is the right path for your dispute.