About PABASA Mediation
The PABASA Mediation Panel comprises Bar members who are accredited as mediators and have experience in mediating different types of conflicts and disputes, both locally and internationally. This includes experience in working in complex multi-party disputes and high-value commercial disputes.
“Mediation involves using an impartial third party who helps both sides to a dispute to come to a mutually acceptable agreement, reduced to writing.”
The introduction of Rule 41A of the Uniform Rules of Court in positioning ADR as part of the litigation framework has broadened the mechanisms available to attorneys, judges and practitioners to tailor the resolution of disputes in a way that best serves the parties. Placing the parties to a dispute as a central component in reaching a binding agreement allows for the ownership of the ADR outcome and commitment to implementation of the settlement agreement in the long terms. It is important therefore that practitioners anticipate and cater for mediation as part of any litigation strategy.
The benefits of mediation are well-known and include:
- clear anticipation of costs involved,
- a quicker resolution of the issues in dispute
- and importantly an outcome that is wholly within the control and authority of the parties
Mediation is increasingly relevant in our society and has become a viable and attractive dispute settlement mechanism.
The PABASA Mediators are independent dispute resolution specialists in the areas of commercial, employment, construction, and other disputes. The PABASA mediators hold accreditation with recognised organisations such as DiSAC, Centre for Effective Dispute Resolution (UK), Africa Centre for Dispute Settlement, Conflict Dynamics and Arbitration Foundation of South Africa (AFSA).
To facilitate the administration of the Panel’s work, PABASA has partnered with Equillore Group who specialise in Alternate Dispute Resolution through conciliation, mediation, and arbitration. We are proud to partner with Equillore, which is as a majority black-owned company that owns Equillore Commercial Dispute Settlement (ECDS) and is licensed by the South African Dispute Settlement Accreditation Council (DiSAC).
Mediation can be facilitated face-to-face and/or secure online platforms so that parties, their representatives, and the mediator can Covid19 protocols and interact remotely in the safety and comfort of their homes or offices.
For further enquiries on the administration and fees of the Mediation Panel, you may direct your requests to: mediation@pabasa.co.za
PABASA Vision and Mission
Our vision is to create and profile PABASA members who are accredited as mediators and have experience in mediating different types of conflicts and disputes, both locally and internationally. This will also include experience in working in complex multi – party disputes, as well as high-value commercial disputes.
Our mission is to establish a PABASA Mediators Panel and to position PABASA Mediators as an independent disputes resolution service provider to facilitate disputes.
PABASA Chairperson’s Message
Alternative Dispute Resolution (ADR) is a growing phenomenon globally and in South Africa. Mediation is at the core of ADR and increasingly people all over the world are recognising the power of skilled mediators resolving disputes in a balanced and effective manner. In South Africa, our Courts have through obligatory statutory mediation also recognised mediation as an effective alternative or precursor to litigation. Most commercial contracts also now include a standard clause requiring mediation as a first step in the dispute resolution process. All of this has resulted in an increasing demand for trained and skilled mediators in South Africa.
Central to PABASA’s philosophy is the creation of an environment in which its members, in particular, Black and Women Advocates, can realise their professional aspirations without any artificial barriers. We are committed to independence, professionalism and excellence in the practice of Law. Transformation of the advocate’s profession is about more than simply changing discriminatory briefing patterns. It is also about changing the values and mores of society, and extending the reach of justice to all people, especially those who would ordinarily not be able to access legal assistance.
We at PABASA consider mediation as integral to our transformative paradigm. The high costs of litigation, the inordinate delays in the finalisation of matters and the concomitant tension and frustration are inhibitory factors in the resolving of conflict. Mediation provides an alternative means to settle differences quickly, efficiently, and cost-effectively. The process of mediation is inherently one built on trust and understanding of differing positions. Therefore, a successful mediation often results in the parties feeling validated and accepting of the outcome.
PABASA has for the past few years facilitated and offered training in mediation to our members in collaboration with specialist mediators. In addition, in 2021 we co-hosted mediation training with a set of international mediators under the auspices of the International Social Services in Geneva. This new initiative will introduce a panel of PABASA members who are accredited mediators and have experience in mediating different types of conflicts and disputes, both locally and internationally. This will also include experience in working in complex multi-party disputes, as well as high-value commercial disputes.
We hope that this initiative allows us not only to contribute our skills in the commercial arena, but also to use mediation to facilitate access to justice to more vulnerable communities.
Adv Nasreen Raja-Budlender SC
PABASA Chairperson
7 May 2022
PABASA Mediators
The PABASA Mediator panel comprises of the following mediators:
The Official Launch – 20 May 2022
Pabasa is delighted to launch PABASA-Mediation, an independent panel of mediators and alternative dispute resolution services. An official launch of the panel took place at The Venue in Morningside, Sandton on 20 May 2022. The event was graced by our esteemed partners, junior and senior members of PABASA, members of the national executive council, and various stakeholders including leading law firms and members of the judiciary. Distinguished members of the judiciary lent their support to the panel with their presence and words of encouragement. Colleagues and stakeholders joined the event virtually as well.
To access a video as well as a pamphlet about the mediation please click on the links below:
Mediation Pamphlet
PABASA Mediation Video
Our Partners
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