The best preparation is to come to mediation with an open mind and be ready to discuss alternatives. Keep in mind that it is in the interests of both parties to reach an agreement and avoid formal legal proceedings. “We have repeatedly said that the court is not a mandatory registry. When individuals enter into an agreement, the subject`s recourse is to obtain a judgment and execute it. These are the words of the full bank more than 66 years ago in Mansell v Mansell 1953 (3) SA 716 (N) at 721. This is consistent with the generally accepted principle that there are courts to settle concrete controversies and actual rights violations, not to rule on abstract issues or to advise them on different issues, however important. After applying for mediation with the Tripartite Alliance for Dispute Resolution (TADM), you and the other party are placed with TADM. If mediation is successful, both write and sign a transaction contract in the presence of an approved mediator. The transaction contract is a legally binding contract between you and the other party. It is an agreement to settle existing or potential disputes between the two of you and contains conditions that you must both respect. “As the first judgment indicates, it is even clearer to resolve disputes with the defendant with the judicial authority in a settlement agreement.” You may also need to consider the method of agreement you have chosen and its impact on your credit quality. When a party accepts a transaction offer, any party to the offer may submit a request for an appreciation of the offer.
Ask for legal advice. The Tribunal found that the High Court`s diverging judgments in this matter had concluded that, if a dispute has not yet commenced, a settlement agreement cannot be reached for a court order. This issue was first reviewed by Van der Byl AJ in Growthpoint Properties Ltd against Makhonyana Technologies (Pty) Ltd and other NGHC Case No. 67029/2011 (February 12, 2013). In that case, the Tribunal argued that there had been a dispute between the parties at a stage, although prior to the start of a dispute between them over the amount to be paid for the late rent. This dispute was settled by a settlement agreement, on which the parties had agreed. As soon as one party can take legal action against another party, the first party can therefore ask the court for a transaction agreement to make a court decision without bearing the costs of litigation. The Tribunal also justified this decision by the fact that the jurisdiction to issue such a decision was comparable to a doubling of the judicial process only after the introduction of judicial proceedings. The Tribunal has made the settlement agreement a court order that has not been the subject of prior judicial proceedings between the parties. When a party accepts an offer or part of a transaction offer, the party may, in certain circumstances, revoke the acceptance of an offer. Ask for legal advice. You cannot force anyone to participate in mediation.
You have the right to refuse mediation without compromising it if the matter is brought to court. If they refuse, the placement service will inform you that they do not wish to participate. If you have made a minor claim against one party and that party has offered to settle part of your entirety, you can accept that offer or part of it by submitting and serving the other party with a declaration of acceptance at any time before the matter is submitted for a preliminary conference. You must use the invoice acceptance form (form 42). Remember to listen to the other party and not be angry or frustrated, as this is unlikely to lead to an agreement. You should not feel threatened or be afraid to make proposals.