Introduction
As a legal practice, what makes your practice unique compared to other legal practices? Mediation might be the solution to one’s concern even though mediation is not an everyday topic, not due to its performance results, but instead to its unfamiliarity.[1] Society does not know of mediation despite its underrated performance. Therefore, not being a massive demand for it.[2] One of the main goals of a legal practice is to assist clients in a highly effective and affordable way, alongside being profitable. Thus, mediation is an advantageous option for legal practice.
One wants to be able to provide the earliest opportunity to settle a dispute. With the significant ongoing backlogs in courts, mediation is undoubtedly an option. Firstly, it is not a lengthy procedure to become an associate mediator; training ranges from 12 hours to 40 hours, which NQF recognises.[3] Following, there are affordable courses for as little as R2800, as a once-off fee, which also includes a 2-year membership.[4] Once an accredited mediator is established, it is an evolving option if one’s accreditation is maintained. Mediation is applicable in civil, commercial, family and restorative justice.[5] Lastly, legal practitioners can also become mediators.[6]
The uniqueness of mediation is that it can commence before, during or after litigation. Hence, it should begin before a judgment has been concluded.[7] As mentioned, mediation can take place in civil, commercial or family law.[8] Mediation training delves so deep into the extent of neuro-psychological development.[9] Mediation is similar to the legal fraternity; it can provide services in a broad field and is not limited to one particular aspect.[10] It is a non-conflict and affordable resolution compared to court proceedings. [11]
The significance of mediation is underrated, restoring a party’s dignity in a dispute alongside a favourable settlement for both parties.[12] It is evident that when such an influence has been made, mediation can ensure client retention.
Conclusion
Despite mediation being a voluntary procedure, a party is not forced to settle. In a case that a party does not comply with the agreement, it can be enforced through a sheriff if the agreement was made through a court order. If not made through a court order, it can be enforceable as any other legally binding agreement.
Realistically, some disputes cannot be mediated and should be brought to court. Contrarily, there is definitely a lot of potential in considering mediation as an option in one’s practice. For personalised advice tailored to your needs, consult an attorney at SchoemanLaw.
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