The Land Court Act, 2023 (Act No. 6 of 2023)Chapter 4 : Court ProceedingsPart 6 : Mediation and settling of matters29. Mediation |
| (1) | Notwithstanding the provisions of section 13(2)(b) of this Act, if, at any stage during proceedings, but prior to judgment, it becomes evident to the presiding judge that there is any issue which might be resolved through mediation, the presiding judge may make an order— |
| (a) | directing the parties to attempt to settle the issue through a process of mediation; and |
| (b) | that the proceedings be stayed pending such process. |
| (2) |
| (a) | If the Judge President as contemplated in section 13(2), or the presiding judge in terms of subsection (1), decides that the matter must be referred for mediation, the Judge President or presiding judge must make an order— |
| (i) | directing the registrar to transfer the matter in the manner provided for in the rules to the mediator contemplated in subparagraph (iii); |
| (ii) | specifying the time, date and the place where such process is to start; and |
| (iii) | appointing a fit and proper person as mediator to chair the first meeting between the parties: Provided that the parties may at any time during the course of mediation, by agreement, appoint another person to mediate the dispute. |
| (b) | When making an order contemplated in paragraph (a), the Judge President or the presiding judge may attach to the order any comments the Judge President or the presiding judge deems necessary for the attention of the mediator. |
| (3) | The Rules Board must make rules for the— |
| (a) | appointment of a mediator; |
| (b) | procedure for referral of matters to the mediator; |
| (c) | process by which mediation is initiated, and the form, content and use of that process; |
| (d) | joinder of any person having an interest in the dispute in any mediation proceedings; |
| (e) | proceedings of mediation; |
| (f) | prescribed forms to be used by parties in respect of mediation proceedings; |
| (g) | right of any party to be represented by any person or category of persons in any mediation proceedings, including the regulation or limitation of the right to be represented in those proceedings; |
| (h) | consequences for any party to mediation proceedings for not attending those proceedings; |
| (i) | qualification for appointment as mediator; |
| (j) | fees that are payable for mediation; |
| (k) | appointment, powers and functions of a mediator; and |
| (l) | issuance of an order at the conclusion of the proceedings. |
| (4) | On receipt of an order referred to in subsection (2), the registrar must transfer the matter and notify the parties to the matter of the transfer in the manner provided for in the rules. |
| (5) | On receipt of a matter, the mediator must deal with the matter expeditiously in terms of their powers and functions as provided for in the rules. |
| (6) | If— |
| (a) | the parties to the mediation are not able to resolve the matter to the satisfaction of all the parties; or |
| (b) | one or more of the parties to the mediation so request, the mediator must, in the manner provided for in the rules, refer the matter to the Court for adjudication. |
| (7) | A mediator appointed in terms of subsection (2)(a)(iii) who is not in the full-time service of the State, may be paid such remuneration and allowances as prescribed. |
| (8) | All discussions taking place and all disclosures and submissions made during the mediation process are privileged, unless the parties agree to the contrary. |
| (9) | The Court may make the agreement reached between the parties an order of the Court, with or without such technical variations as may be appropriate. |
| (10) | If the Court proposes to make any technical variation to the agreement, it must give the parties to the proceedings in the manner provided for in the rules notice of such intention, and before making such variation, it must receive and consider any comments from the parties. |