Mediation Advocacy - what lawyers need to know about mediation

Course feedback

  • "

    Opened my mind to some valuable and workable alternatives to assisting clients solve conflict.

    "

    Darren Olivier
    |
    Adams and Adams
    |
    Nov 2020
  • "

    For someone with no background in mediation, this course was insightful and interesting. Great to have it spread into digestible sessions, with a lot of interaction. Knowledgeable hosts and an informal tone made it all the more enjoyable.

    "

    Participant
    |
    Adams and Adams
    |
    Nov 2020
  • "

    The course epitomises mediation as a true dispute resolution mechanism and dispels the notion that it is simply a precursor to litigation. 

    "

    Participant
    |
    Adams and Adams
    |
    Nov 2020
  • "

    An interactive and beneficial course for legal practitioners about the key role players, characteristics, structure and practical aspects of conducting mediation proceedings. 

    "

    Michelle Naidoo
  • "

    The course provided me with invaluable insights in the contribution counsel can make to less protracted more cost-effective dispute resolution for litigants by way of mediation rather than traditional litigation.

    "

    Esther Robina Venter
Back

 

 

Why Attend?

Lawyers are generally the 'gatekeepers' of civil and commercial mediation. Their clients rely on them for advice on the range of dispute resolution options available to them, so lawyers need to have the answers at their fingertips. 

High Court Rule 41A was enacted in March 2020. This encouraged lawyers to use mediation in civil cases to try to settle cases before trial. Very few Rule 41A mediations took place. In April 2025, the Gaugteng High Court announced the Directive and Protocol for mandatory mediation. Since then, High Courts in other provinces have ordered parties ot mediate in terms of the original Rule 41A. 

Are you prepared for the challenge? Do you understand the language of mediation, the process? Are you able to engage with your client and the other party's representative about mediation? To be able to do this requires a conscious departure from the styles of representation adopted in arbitration or in court. To be ready to mediate, legal practitioners need Mediation Advocacy Skills to advocate for their clients in mediation and to persuade the other party to mediate. 

This course can be conducted in person or online over a day.

Main Topics

  1. The different primary dispute resolution processes
  2. What mediation is and is not
  3. What the mediator does
  4. The mediation process, basic principles and ground rules
  5. What makes mediation work
  6. What lawyers do in mediation 
  7. Advising your client in mediation, including an overview of the relevant law and the lawyer's duties in terms of Rule 41A and the Gauteng Mediation Directive and Protocol, as well as High Court (Rules 30, 37 and 37A) and Magistrates Courts (Rules 70 to 85)
  8. Analysing your client's case, including the litigation risk 
  9. Preparing for mediation and preparing your client, including the agreement to mediate, the mediation statement and opening the mediation 
  10. Selecting the mediator and making the logistical arrangements 
  11. Practising aspects of the mediation, including preparation and making the opening statement and setting an appropriate tone for the mediation

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