National Small Business Act, 1996 (Act 102 of 1996)
R 385
Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections to address, prevent and combat the spread of COVID-19 in all Courts, Court Houses and Justice Service Points in the Republic of South Africa10. Resolution of disputes |
| 10.1 | Parties to a civil dispute may consider alternative dispute resolution mechanisms to resolve the dispute and, for that purpose, may— |
| (a) | either before or after the commencement of litigation but before the granting of judgment by the court, agree to refer the dispute to mediation; or |
| (b) | before the commencement of litigation, agree to refer the dispute to arbitration. |
| 10.2 | Parties intending to resolve a dispute through mediation must— |
| (a) | in the Magistrates' Courts, follow the procedure set out in Chapter 2 of the Rules of the Magistrates' Courts, which regulate court-annexed mediation; and |
| (b) | in the High Courts, follow the provisions of Rule 41A of the Uniform Rules of Court and consider the appointment of judges retired from active service, as mediators. |
| 10.3 | In disputes involving the State or an organ of State, the provisions of regulation 13 of the Regulations apply in so far as they are applicable. |
| 10.4 | Services of Judges discharged from active service and mediators approved by the Minister of Justice and Correctional Services for purposes of court-annexed mediation may be utilised to resolve civil disputes through arbitration or mediation. |
| 10.5 | A person designated by the Department of Justice and Constitutional Development or the Office of the Chief Justice must assist parties who wish to utilise alternative dispute resolution mechanisms to resolve their disputes. |
