Mediation

Hugh Raichlin is a member of the South African Association of Mediators (SAAM), and qualified as Mediator through the London School of Mediation. Hugh is an Accredited Mediator to International Standards.

Mediation is fast gaining popularity in many parts of the world. It is a key form of Alternate Dispute Resolution, which has been recently introduced as an option in the South African Judicial System, and can be chosen by the parties before embarking on litigation or can be referred to during existing litigation.

Mediation is a consensual process which involves the participants to the dispute, either on their own, or with their lawyers, advisers or friends, meeting with a neutral third party (the mediator). A confidential, without prejudice meeting takes place allowing the participants to explore a full range of potential solutions in a safe environment, assisted by the mediator in finding a mutually acceptable solution which is recorded in a written settlement agreement.

The mediator does not provide solutions or advice, and need not be a lawyer himself or herself. The process does not require compromise, and the mediator is not an arbitrator, who would impose a solution, nor would the mediator impose a solution. Any party can withdraw from the process at any time during the mediation.

Mediations are said to have a 90% success rate. It can be used in commercial disputes, matrimonial disputes, workplace disputes and a wide range of other areas.