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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.