Frequently Asked Questions

Clear Answers to Common Questions About Mediation

Mediation is often misunderstood, particularly at the point where decisions feel urgent and uncertain.

This page answers the questions most people have when considering mediation, so you can understand how the process works and whether it is appropriate for your situation.

Understanding Mediation

Mediation is a structured, confidential process facilitated by an independent mediator. The parties remain in control of the outcome while working toward reaching a practical, sustainable agreement, without the need for a court-imposed decision.

Mediation and litigation are both ways of resolving disputes, but they operate very differently.

Litigation is a formal court process where a judicial officer makes a binding decision based on legal arguments and evidence. It is typically adversarial, time-consuming and costly, with limited control over the outcome once the matter is before the court.

No. Mediation does not replace your legal rights or limit your ability to pursue legal action if required. 

It provides a structured opportunity to resolve the dispute before escalation, while ensuring that decisions are made with a clear understanding of their legal implications.

Yes. Mediation is increasingly recognised as an important part of responsible dispute resolution in South Africa. 

Under Rule 41A of the Uniform Rules of Court, parties in civil matters must first attempt to resolve the matter through mediation before a trial date will be given.

This reflects the growing role of mediation as a credible, respected way to resolve disputes.

No. Mediation is not counselling or therapy.

While mediation may involve discussing difficult or sensitive issues, its purpose is not to provide emotional support or therapeutic intervention. The mediator does not diagnose, advise or take on a counselling role.

Mediation is a structured dispute resolution process focused on addressing specific issues, clarifying positions and working toward a practical and sustainable outcome.

The Process

Mediation follows a structured process. Each stage is designed to ensure the process remains neutral, contained and professionally managed.

The duration depends on the complexity of the dispute.

Some matters are resolved in a single session, while others may require more than one session. The process is not rushed. It is paced to allow for clear thinking and considered decision-making.

Yes. Mediation is voluntary and requires both parties to agree to participate. 

The process depends on a willingness to engage, even where perspectives differ significantly.

Mediation does not need to resolve every aspect of a dispute to be valuable.

It often clarifies key issues, narrows areas of disagreement and improves communication, which can make any next steps more focused and constructive. If full resolution is not reached, parties remain free to pursue other options.

Safety and Neutrality

Fairness is maintained through:

  • Strict neutrality 
  • Voluntariness
  • A structured process 
  • Clear boundaries and expectations 
  • Equal opportunity for each party to be heard 
  • Without prejudice in nature
  • Participation in good faith
  • Party autonomy
  • Confidentiality
  • Focus on workable outcomes

The mediator manages the process to ensure that neither party dominates nor is at a disadvantage.

Power imbalance is assessed before mediation begins. Where necessary, the process is adapted to ensure that both parties can participate meaningfully and safely.

Mediation proceeds only when it can be conducted in a balanced and responsible way.

Yes. Mediation is conducted on a confidential basis. 

Discussions cannot be used outside the process unless agreed or required by law. This allows parties to engage openly without fear of escalation or exposure.

Practical Considerations

Yes. Legal representatives may attend the mediation session and advise their clients thereafter, but it is not a requirement. 

Some parties choose to involve attorneys, while others participate directly. The process is flexible and can accommodate both approaches.

Mediation can take place:

  • In person 
  • Virtually 
  • In a hybrid format 

The format is agreed based on the nature of the dispute and the needs of the parties.

Costs vary depending on the complexity and duration of the matter. Mediation is more cost-effective than litigation, particularly where disputes would otherwise become prolonged or contested.

Costs are shared between the parties involved. A clear fee structure is provided upfront.

Start with Clarity

If you are considering mediation, the first step is a brief introductory call to understand your situation and determine whether the process is appropriate for you.

Book a 10-minute complimentary introductory call

Contact us