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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions in the Schedule to address, prevent and combat the spread of COVID-19 in all courts, court houses and justice service points in the Republic of South Africa

24 - 28. Resolution of disputes

 

24. Parties to a civil dispute may consider alternative dispute resolution mechanisms to resolve the dispute and, for that purpose, may—
(a) either before or after the commencement of litigation but before the granting of judgment by the court, agree to refer the dispute to mediation; or
(b) before the commencement of litigation, agree to refer the dispute to arbitration.

 

25. Parties intending to resolve a dispute through mediation must—
(a) in the Magistrates' Courts, follow the procedure set out in Chapter 2 of the Rules of the Magistrates' Courts, which regulate court-annexed mediation; and
(b) in the High Courts, follow the provisions of rule 41A of the Uniform Rules of Court and consider the appointment of judges retired from active service, as mediators.

 

26. In disputes involving the State or an organ of State, the provisions of regulation 13 of the Regulations apply in so far as they are applicable.

 

27. Services of a Judge discharged from active service or a mediator appointed in terms of the Rules Regulating the Conduct of the Proceedings of the Magistrates' Court of South Africa may be utilised to resolve civil disputes through arbitration or mediation.

 

28. A suitable person must be designated to assist parties who wish to utilise alternative dispute resolution mechanisms to resolve their disputes.