Category: Mediation Practice

Written for practitioners rather than for parties. Mediation is a skill, and the attorneys who consistently settle well are not the ones who happen to draw better matters.

This section covers preparation: issue analysis, honest assessment of litigation risk, getting the client ready for the room, establishing settlement authority before the day rather than during it, and drafting terms capable of being enforced. It also covers advocacy in mediation, the use of caucus, and material drawn from the firm’s Mediation for the Modern Attorney series.

None of it carries CPD points. It is published because practitioners asked for it.

Preparing the Decision-Makers in a Complex Mediation: Authority, Advisory Teams and Settlement Parameters

A practical guide for attorneys preparing clients, advisers and approval authorities for complex mediation in South Africa.

Attorneys Mediation Preparation: The 1 Missing Piece of the Settlement Puzzle

Home / Insights / Mediation Practice Attorneys · Mediation advocacy Attorneys Mediation Preparation: The 1 Missing Piece of the Settlement Puzzle A mediator manages the process. The attorney protects the client’s legal position and helps the client participate meaningfully in it. Effective attorney preparation means identifying the real issues, separating what is common cause from […]

Attorney’s Guide to Mediation in South Africa: 5 Things to Know

Home / Insights / Mediation Practice Attorneys · Collaboration Attorney’s Guide to Mediation in South Africa: 5 Things to Know Mediation has moved from the margins of South African litigation into its procedural spine. For attorneys, five things matter most: Rule 41A requires you to consider mediation and record a reasoned position, your role changes […]