Tag archives: High Court Rules

Mediate before you litigate

An amendment to the High Court Rules (Rule 41A) which came into effect from 9 March 2020 has made it mandatory for parties to consider mediation at the outset of any contemplated litigation. There are a number of judgments where the courts have censured the parties’ and their representatives’ failure to consider alternative dispute resolution … Continue reading

Mediation in the High Court

Successful mediation of any dispute is largely dependent on the skills and expertise of the mediator and the willingness and good faith of the parties to the mediation to engage in that process. So it is to be welcomed that the proposed new High Court Rule 41A doesn’t make mediation compulsory but is rather intended … Continue reading