In a previous post, we explored the mechanics of mediation as a tool for resolving disputes in the South African property environment, including the difference between mediation and arbitration, and the implications of Rule 41A of the Uniform Rules of Court. If you have not read that post, it is worth starting there before continuing.
CPMD is now formally offering dispute resolution services through mediation.
What does this mean in practice?
If you are involved in a property dispute or a general commercial dispute and you want to explore mediation as an alternative to litigation, you can contact CPMD to appoint an impartial mediator. Our mediators are accredited with the South African Association of Arbitrators and the Society of Mediators in the UK, which allows for registration as a court annexed mediator.
The process is straightforward. The parties agree to appoint a mediator, a date is set, and the mediator facilitates a structured discussion aimed at helping the parties achieve their own resolution. The mediator is not empowered to make a decision that is binding on the parties. Participation is voluntary and either party can exit the process at any time. The costs are shared and are typically substantially lower than the cost of formal court proceedings.
Who is this relevant for?
This service is relevant for estate agents, property practitioners, buyers, sellers, landlords, tenants, developers, and anyone involved in a commercial relationship where a dispute has arisen. It is particularly useful in situations where the parties want to preserve the relationship, where time is a factor, or where the cost of litigation would be disproportionate to the value of the dispute.
It is also relevant for estate agency principals who deal with commission disputes, sectional title trustees navigating body corporate conflicts, and property managers managing tenant or contractor disagreements.
What mediation is not
Mediation is not a substitute for legal advice. If you are in a dispute, you should still consult your attorney to understand your legal position. Mediation is a structured process designed to assist the parties to resolve the dispute once the parties are ready to negotiate. The two are not mutually exclusive.
How to proceed
If you would like to discuss your matter or appoint a mediator, contact us directly at graeme@cpmd.co.za or call 011 728-7225.
Learn more on our Dispute Resolution Services page.