Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections to address, prevent and combat the spread of COVID-19 in all Courts, Court Precincts and Justice Service Points in the Republic of South Africa under Adjusted Alert Level 37. Resolution of disputes |
| (1) | 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. |
| (2) | 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. |
| (3) | 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. |
| (4) | Services of Judges discharged from active service and mediators for purposes of court annexed mediation may be utilised to resolve civil disputes through arbitration or mediation. |
| (5) | A person designated by the DOJ&CD or the Office of the Chief Justice must, where required, assist parties who wish to utilise alternative dispute resolution mechanisms to resolve their disputes. |