What Happens Before the First Rule 41A Mediation Session

Home / Insights / Rule 41A and Court-Annexed Mediation Mediation · Rule 41A What Happens Before the First Rule 41A Mediation Session Rule 41A mediation begins long before the parties sit down together. Between the notice and the first joint session, the parties must agree on a mediator, sign an agreement to mediate and a […]
Confidentiality in Rule 41A Mediation: What Attorneys Must Know

Home / Insights / Rule 41A and Court-Annexed Mediation Attorneys · Rule 41A mediation Confidentiality in Rule 41A Mediation: What Attorneys Must Know Rule 41A(6) protects communications and disclosures made at mediation proceedings, but the protection is subject to three carve-outs: where the law provides otherwise, where the material is discoverable under the Rules, and […]
Rule 41A Mediation Documents Explained: Joint Minutes, Agreements to Mediate and Mediator’s Reports

Home / Insights / Rule 41A and Court-Annexed Mediation Attorneys · Rule 41A mediation Rule 41A Mediation Documents Explained: Joint Minutes, Agreements to Mediate and Mediator’s Reports A Rule 41A mediation generates five or six distinct documents, and each does a different job. The Rule 41A notice signals a position on referral and is not […]
Mediation in the Gauteng High Court: Costing Challenges and Litigation Risks

Home / Insights / Rule 41A and Court-Annexed Mediation Attorneys · Gauteng Division Mediation in the Gauteng High Court: Costing Challenges and Litigation Risks Mediation in the Gauteng Division is no longer optional in practical terms. Under the Directive introducing mandatory mediation, a mediator’s report is required to obtain or keep a trial date in […]
Rule 41A Mediation Process Under the Gauteng Protocol: A Practical Overview for Attorneys

Home / Insights / Rule 41A and Court-Annexed Mediation Attorneys · Gauteng Division Rule 41A Mediation Process Under the Gauteng Protocol: A Practical Overview for Attorneys Under the Gauteng Mediation Protocol the Rule 41A process runs in a defined sequence: the initial notice with the summons, an amplified notice where a trial date is at […]