Read: Independent Insights

For the first time, a large volume of South African medico-legal disputes will pass through a mediation process as a matter of course rather than by exception. Whether that produces better outcomes is not yet known as the scheme is young and no outcome data has been published. But the opportunity is real, and there is a decade of evidence from a comparable public health system about what determines whether it is taken.

Examining the approach mediators take in RAF rights based matters in South Africa and rights based matters in general. The article examines facilitative and evaluative styles of mediation and looks beyond the binary approaches to mediation.

The introduction of mandatory mediation in the Gauteng High Court has stirred up concerns from mainly the legal profession. One concern is the quality of services that mediators may provide. It is essential for mediation as it is for arbitration that parties select a third party that is suitably qualified and has a track record as a mediator. In addition, some argue that mandatory mediation undermines access to justice. Professional services specializing in dispute resolutio