RULE 41A OF THE HIGH COURT – MEDIATION

Rule 41A of the High Court rules is a new rule introduced to our legal system with effect from 9 March 2020.

In short, this Rule compels litigating parties to file a notice at the commencement of proceedings in the High Court to declare whether they are amenable to mediation of the dispute.

If either party is of the opinion that the matter is not capable of being mediated then reasons for such opinion must be submitted in the aforesaid notice.

Mediation is a voluntary process entered into between the parties in terms whereof an independent person assists to either resolve a dispute, identify issues upon which an agreement can be reached, explore areas of compromise, generate options to resolve the dispute, or clarify priorities by facilitating discussions and assisting in negotiations to resolve the dispute.

Failure to comply with Rule 41A or to agree to mediation may lead to an adverse cost award at the end of the trial.

Whilst many practitioners may view Rule 41A as an unnecessary burden which may lead to additional legal costs and time delays, we believe that mediation can achieve a cost effective, efficient and expeditious resolution of a dispute.