High Court mediation rules

  1. Rule 41A: Mediation as a Dispute Resolution Mechanism
  2. b) A Defendant or Respondent shall, when delivering a notice of intention to defend or oppose, or at any time thereafter, but not later than delivery of a plea or answering affidavit, serve on each plaintiff or Applicant, a notice indicating whether such Defendant . Respondent agrees to or opposes referral of the dispute to mediation.
    c) The notices must be in accordance with Form 27 of the amended rules.

  3. The parties may at any stage before judgment agree to refer the dispute to mediation.

  4. Where a dispute is referred to mediation:

  5. b) Parties shall deliver a joint signed minute recording their election for referral;
    b) Parties must enter into an agreement to mediate;
    c) All time limits for delivery of pleadings will be suspended from the date of signature of the minute to the conclusion of mediation;
    d) The mediation process shall be concluded within 30 days from date of signature of the minute;

  6. If multiple parties, those agreeable to mediate must proceed to mediate notwithstanding the others refusal;

  7. a) Parties can agree to some issues being mediated and others litigated;

  8. All submissions made at mediation are inadmissible as evidence;

  9. Parties must inform the Registrar by notice that mediation is complete;

  10. c) Parties and the mediator shall within 5 days of conclusion of mediation issue a joint minute stating whether full/partial settlement was reached or whether successful or not.
  11. Costs of mediation shall be shared equally unless agreed otherwise.
  12. Where costs are awarded, the winning party must draw a bill of costs and prior to enrolling for taxation, must on notice afford the other party an opportunity to inspect the documents or notes pertaining to the bill of costs for 10 days, and affording the opposing party to deliver an intention to oppose within 10 days after the inspection period has lapsed.
    16 December – 15 January are dies non and no taxation may be set down therein.

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