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Advocate of the High Court of the Republic of South Africa
Jacques Joubert practiced as an advocate at the Cape Bar. He discovered mediation in 2007 while working at a law firm in Canada. In 2008 he qualified as a trained mediator and started working nearly full time as a mediator. He has to date mediated disputes that range from conflict between business owners, local government and service providers, large corporations, communities, human rights abuses, electoral disputes and sexual harassment in the workplace. In 2018 Jacques successfully mediated the challenging relocation of 106 families from an informal settlement in Stellenbosch to their own serviced houses. In 2013 he designed and developed the UCT commercial mediation training material based primarily on his personal experience of mediation between 2008 and 2013. Jacques has since 2013 together with UCT and MiM (Pty) Ltd trained mediators who now serve on Mediation in Motion’s panel. He has over the years written articles published internationally by Mediate.com and locally by Legal brief. Jacques is available to provide professional online mediation services during the Covid-19 pandemic.
COVID-19 is an epoch-making opportunity to revamp our entire out-dated and adversarial civil procedure so that it is more in line with the principles of Ubuntu and the Constitution. At the same time we can massively expand access to justice in the digital world to all, including the poor, by using platforms such as Zoom, Microsoft Teams and Skype.
COVID-19 has put the new Mediation Rule 41A of the High Court at the centre of our legal system. Attorneys are seeing their world turn upside down by social distancing and many are scrambling to understand how Rule 41A and online mediation will help them resolve their clients’ cases. However, it creates a problem-solving environment where a skilful and experienced mediator can help attorneys settle their clients’ cases or limit the issues in dispute.