Commercial Mediation is the first South African publication to guide the reader through the process of mediation in commercial matters.
Mediation is well established in many parts of the world as a speedier, less costly and more effective method of resolving commercial disputes than traditional litigation. Commercial mediation is only beginning to emerge as an option in the dispute resolution landscape of South Africa. In November 2011, the South African Rules Board proposed a set of mediation rules. These rules are set out and discussed in this book.
Commercial Mediation sets out and explains the processes that take place before and during commercial mediation. The book analyses the different types of consensus–seeking approaches and the key principles of mediation. The busy practitioner will find the summaries at the end of each chapter especially useful.
The draft mediation rules for court-referred mediation are included in the book, as well as specimen contract clauses for referral to mediation or arbitration. The book also includes a number of specimen agreements to mediate.