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Mediation is also known as a form of Alternative Dispute Resolution (ADR)

It is a way in which parties in conflict jointly attempt to find a resolution without having to go to court.

Although any dispute can be mediated, mediation is almost exclusively employed within the framework of civil law.

• With the focus of the process directed at the best interests of the parties, the consideration of possible solutions by the parties leads to a resolution which is:
  • mutually acceptable;
  • fair and balanced;
  • and results in a “win/win” situation.

The vast majority of disputes are capable of resolution by mediation.

• Success is dependent upon the attitude of the parties.
• The joint effort, undertaken in good faith and without prejudice, at finding a solution to the problem, ensures a good probability of a mutually acceptable resolution to the dispute.

The advantages of mediation can be summarised as follows:

• The parties control the outcome – uncertainty about the finding of the independent judge/arbiter, is excluded.
• A settlement of a dispute at an earlier stage may offer financial and or operational advantages – delays resulting from court proceedings can be avoided
• Party control also means direct control over costs – in litigation / arbitration costs are largely beyond the control of the parties.
• In mediation the focus is on the best interests of the parties – in litigation or arbitration the focus is on the enforcement of rights, often at the expense of the best interests of the parties.

STEP 1 – Consent to Mediation

• Both parties must agree to mediation
• If this has not happened yet, send an invitation to the other party as follows:
  • Complete the “Consent” form below and click “SEND”
  • An automatically generated email will be sent to the other party
  • This email is a private communication between you and the other party and is not accessible or viewable to KBM or any other uninvolved third-party
  • The email message will also refer the other party to the www.krielmediasie.co.za website en enable him/her to find out what the process entails.
• The other parties answer will be sent to you by an automatically generated email
• The complete consent to mediation process is described here  Click here

• On receipt of confirmation that the parties have agreed to mediation, the parties are registered by KBM, who will then send a confirmatory email to each of the parties together with an information input form which needs to be completed by each of the parties.

STEP 2 – Parties provide information (Confidential and Without Prejudice)

• Each party completes the information input form. (All information on this form remains confidential and will not be disclosed unless and until permission for such disclosure has expressly been given)
• On receipt of the completed forms from the parties, KBM will draft a pro forma Mediation Agreement for their perusal and consideration.

STEP 3 – Mediator conducts First Interview with the Parties

• Within seven days the Mediator will contact the parties, either telephonically or virtually, and will conduct a structured interview to:
  • comprehensively explain the process;
  • confirm the nature and scope of the issues in dispute;
  • answer any questions and clarify any uncertainties;
  • confirm the conclusion and signature of the Mediation Agreement;
  • agree and confirm practical arrangements.

For more information on the interview Click Here

STEP 4 – Confirmation of Mediation Date

• Parties confirm the Mediation Date by payment (as per Mediation Agreement) of the amount reflected in the cost estimate provided into an escrow account (Standard Bank – ESCROW).
• Mediator contacts the Parties to confirm readiness to proceed.
• (More information about Standard Bank Escrow can be found on the Standard Bank website)

STEP 5 – The Mediation

• On the Mediation Date the parties meet as arranged (physically or virtually) and start the mediation;
• Parties approve payment of funds held in ESCROW;
• Parties participate as agreed in the mediation process which is supervised and controlled by the Mediator;
• Mediation process is completed either by signature of a written settlement agreement, or a declaration of deadlock;
• On completion of the mediation, regardless of the outcome, all notes made by the Mediator and the Parties are shredded, and all electronic copies deleted and destroyed as agreed to in the Mediation Agreement.

Complete the online form

The system will then send an email to the recipient with a request to join in mediation, the sender will receive notification that the invite has been send. The recipient will then have the option to accept or decline.

If the recipient accepts the invitation to mediate, the sender as well as KBM will receive notifications, and the parties will be contacted by KBM to make arrangements for the mediation

If the recipient declines the invitation, a follow-up invitation will be sent, and if the recipient still declines, both parties will be notified that this attempt has failed..

Tel: +27 71 254 5526

e-pos : info@krielmediasie.co.za