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Multi-tiered dispute settlement and the introduction of Rule 41A is a significant evolution of South Africa’s legal system
Representing and advising clients in a mediation process – a new practice area for legal representatives. Mediation Advocacy is the technique of strategically presenting a client’s position, needs and interests in a non-adversarial way, and in recognizing that the negotiated outcome to a dispute is usually more flexible, satisfying and sustainable than an order imposed by a court or other tribunal.
The new normal - A pandemic presenting us with an imperative to manage commercial disputes effectively. Appropriate, adaptive dispute resolution broadens the range of services a legal practitioner can deliver with the result that he/she can address a wider range of client’s needs. This is particularly important in this era of a ‘disrupted normal’. Reliance on legal mechanisms under these circumstances is akin to using a blunt instrument to perform delicate surgery.