About PABASA Mediation
Justice systems globally are experiencing pressures on their ability to meet high demand for dispute resolution through litigation.
As practitioners of law, we know that most matters settle on the proverbial ‘steps out of court’ after the matter has been allocated a trial date, a court room and a presiding officer well before the date. We also know that the cost of litigation is often out of proportion to the quantum in the dispute. While litigation is often a very effective means of settling difficult disputes, there are many instances in which litigation is neither necessary nor effective.
As such, mediation is becoming increasingly relevant in our society and has become a viable and attractive dispute settlement mechanism. It also offers a more cost-effective and speedy process and an outcome which meets the expectations of both parties.
The PABASA Mediation initiative is intended to establish a panel of accredited mediators from within the PABASA membership, as independent dispute resolution Mediators. The creation of PABASA Mediation is in keeping with the objects of resolving disputes efficiently and effectively bearing in mind the changing dynamic in dispute resolution across various sectors and the need to provide access to justice for parties who may not be able to access the traditional court system.
The PABASA Mediator panel comprises of experienced and accredited members who have mediated different types of conflicts and disputes, both locally and internationally. The PABASA Mediators are independent dispute resolution specialists in the areas of commercial, employment, construction, and other disputes. The PABASA Mediators hold accreditation with recognized organisations such as DiSAC, Centre for Effective Dispute Resolution (UK), Africa Centre for Dispute Settlement, Conflict Dynamics and Arbitration Foundation of South Africa (AFSA).
For further enquiries on the administration and fees of the Mediation Panel, you may direct your requests to: mediation@pabasa.co.za
Our 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.
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 of the launch as well as a pamphlet about the panel please click on the links below:
Mediation Pamphlet
PABASA Mediation Video
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
