The Role of Mandatory Mediation in the Transformation of the South African Civil Justice System

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dc.contributor.advisor Gravett, Willem
dc.contributor.postgraduate Munyati, Tendai Faith
dc.date.accessioned 2021-02-25T11:07:36Z
dc.date.available 2021-02-25T11:07:36Z
dc.date.created 2021
dc.date.issued 2020
dc.description Mini dissertation (LLM)--University of Pretoria, 2020. en_ZA
dc.description.abstract This study highlights the complexities associated with South Africa’s adversarial civil justice system, and analyses how mediation as an alternative dispute resolution procedure can play a role in remedying issues relating to high costs, delays and overburdened court rolls. The research outlines the historical development of mediation in South Africa and investigates whether the mandatory mediation models found in South African family law and labour law have effectively transformed South Africa’s civil justice system. The study assesses the mediation rules contained in the Magistrates’ Court Rules and Uniform Rules of Court, and determines the potential the rules have in reforming the South African civil justice system. This research also investigates the benefits and shortcomings of the mandatory mediation models that have been adopted in Canada and Australia. A comparative analysis with South Africa’s civil justice system is conducted, and recommendations are made for instances that are applicable to the South African context. The research critically discusses the constitutionality of mandatory mediation, and the advantages and disadvantages associated with the procedure. This mini dissertation argues that non-adversarial procedures such as, mandatory mediation are effective in remedying some of the challenges faced by South Africa’s civil justice system. However, the research also determines that mandatory mediation is not appropriate for all civil disputes, andthe benefits attached to an adversarial justice system should not be lost in the pursuit of applying non-adversarial procedures. en_ZA
dc.description.availability Restricted en_ZA
dc.description.degree LLM en_ZA
dc.description.department Mercantile Law en_ZA
dc.identifier.citation Munyati, TF 2020, The Role of Mandatory Mediation in the Transformation of the South African Civil Justice System, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/78835> en_ZA
dc.identifier.other A2021 en_ZA
dc.identifier.uri http://hdl.handle.net/2263/78835
dc.language.iso en en_ZA
dc.publisher University of Pretoria
dc.rights © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
dc.subject UCTD en_ZA
dc.title The Role of Mandatory Mediation in the Transformation of the South African Civil Justice System en_ZA
dc.type Mini Dissertation en_ZA


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