COMMERCIAL MEDIATION IN PE INTRODUCTORY PRESENTATION June 2017

A voluntary process for resolving disputes by mutual agreement. A low-cost, high-value method of solving disputes speedily. Use of an independent, impartial and respected third party in settlement of a dispute, instead of opting for arbitration or litigation. BRIEF OUTLINE What is mediation?

It is far more cost-effective and speedy. Why Mediation? Mediation addresses the real concerns of the parties, thereby uncovering possible solutions based on the actual interests of those involved. With the guidance of a skilled mediator the parties then select the best option that suits them, creating a win-win solution. It is far more cost-effective and speedy. Why Mediation? Litigation is costly, time-consuming and rights-based with usually a winner takes all outcome.

It helps to remove the conflict by restoring their relationship. When disputants realise that winning is not the best and only option for them, then they apply their minds to negotiating a settlement. It helps to remove the conflict by restoring their relationship. Hence, the primary dispute resolution method in many parts of the world. Why Mediation? Litigation is costly, time-consuming and rights-based with usually a winner takes all outcome.

CRUCIAL ASPECTS Voluntary Non-binding Impartial Parties Autonomous Joint and individual breakaway sessions Reality check CRUCIAL ASPECTS WITHOUT PREJUDICE CONFIDENTIAL PROCESS

MAINSTREAMING The time has come! 95% of civil cases are settled at the doors of the court through negotiations. Parliament has since 1994 passed 44 statutes that provide for mediation. The King III Report: “In mediation the parties’ needs are considered, rather than their rights and obligations. It is in this context that the Institute of Directors in SA (IoD) advocates mediation.” Rules ad Court Aligned Mediation in SA. Judicial activism. State Attorney & CJ Guidelines. Medical Societies’ pre-mediation agreements. MAINSTREAMING The time has come!

By completing a mediation course and becoming a panel- member; By referring disputants to such an independent panel- member; By including referral to pre- mediation in any future agreements to be drafted; By promoting the benefits of mediation with colleagues and clients in appropriate matters. How do I get involved? Preparing for a “new normal.”