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ACKNOWLEDGEMENT OF MEDIATION
Department of Constitutional Development and Justice has
acknowledged that there are often circumstances where mediation
is more appropriate than litigation and it has published mediation
rules that must take precedence in those circumstances. The
Department of Environmental Affairs has also acknowledged the
role of mediation and this is recorded in Chapter 4 of the National
Environmental Management Act, 1998 and in draft standards for
environmental mediators in the future. This has also been endorsed by JSE requirements and the King Code Of Governance lll.
Earthmatters has anticipated this outcome and has established this service to address those
circumstances where a mutual resolution is appropriate and can
be arrived at.
THE BENEFICIAL DIFFERENCE BETWEEN MEDIATION & LITIGATION
MEDIATION
| Consensual |
| Facilitatory process |
| Parties architects of own solution. Mediator controls process not the outcome. |
| Deals with Priciples, beliefs & positions |
| No huge bundles of evidence |
| Solution is creative and holistic |
| Preserves relationships |
| Private & Confidential |
| Greater Compliance |
| Much Quicker |
| Much Cheaper |
LITIGATION
| Imposed |
| Adversarial Process |
| Decision-maker Judge controls process and outcome |
| Deals with Legal Enquiry |
| Huge preparation & evidence |
| Solution is a determination of right vs wrong |
| Destroys relationships |
| Public Document |
| Greater Non-compliance |
| Slow |
| Very Expensive |
