The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia

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dc.contributor.advisorChristie, Richarden_ZA
dc.contributor.advisorLarkin, Michaelen_ZA
dc.contributor.authorFeehily, Ronanen_ZA
dc.date.accessioned2014-07-30T18:12:51Z
dc.date.available2014-07-30T18:12:51Z
dc.date.issued2008en_ZA
dc.descriptionIncludes abstract.
dc.descriptionIncludes bibliographical references (leaves 288-340).
dc.description.abstractMediation is not a novel process in South Africa. It was used as the primary method of dispute resolution in some traditional pre-indusrial societies. Corporate South Africa is beset by conflict and urgently requires processes such as mediation which dignify and empower participants to tackle commercial conflict at source. Statutes, case law, books, journals and numerous other publications were reviewed in order to assess the relevant issues in the development of commercial mediation and investigate how this process could become a viable alternative to arbitration and the court system in South Africa. Empirical research gleaned from interviews conducted in Cape Town and Johannesubrg reflects the experience of those who currently act as commercial mediators. The ultimate aim of this process is to reach agreement. In light of this extensive jurisprudence that has developed in this area in othe jurisdictions, careful drafting of agreements can go a long away in avoiding enforcement complications. The conversion of a settlement agreement into a judgment or award has proved useful on the small number of occasions when compliance with a settlement appears that it may be an issue. A delicate balance is required between supporting mediation, on the one hand, and not freezing litigation or upholding illegiality, on the other. Absolute rules or uniform statutes, while appearing to offer straightforward rules for an informal process, can in practice prove overreaching or inappropriate. A possible middle path could protect mediation confiddentiality and also allow evidence about the mediation to be admitted in limited curcumstances to be specified by the court on a case-by-case basis.en_ZA
dc.identifier.apacitationFeehily, R. (2008). <i>The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4606en_ZA
dc.identifier.chicagocitationFeehily, Ronan. <i>"The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2008. http://hdl.handle.net/11427/4606en_ZA
dc.identifier.citationFeehily, R. 2008. The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Feehily, Ronan AB - Mediation is not a novel process in South Africa. It was used as the primary method of dispute resolution in some traditional pre-indusrial societies. Corporate South Africa is beset by conflict and urgently requires processes such as mediation which dignify and empower participants to tackle commercial conflict at source. Statutes, case law, books, journals and numerous other publications were reviewed in order to assess the relevant issues in the development of commercial mediation and investigate how this process could become a viable alternative to arbitration and the court system in South Africa. Empirical research gleaned from interviews conducted in Cape Town and Johannesubrg reflects the experience of those who currently act as commercial mediators. The ultimate aim of this process is to reach agreement. In light of this extensive jurisprudence that has developed in this area in othe jurisdictions, careful drafting of agreements can go a long away in avoiding enforcement complications. The conversion of a settlement agreement into a judgment or award has proved useful on the small number of occasions when compliance with a settlement appears that it may be an issue. A delicate balance is required between supporting mediation, on the one hand, and not freezing litigation or upholding illegiality, on the other. Absolute rules or uniform statutes, while appearing to offer straightforward rules for an informal process, can in practice prove overreaching or inappropriate. A possible middle path could protect mediation confiddentiality and also allow evidence about the mediation to be admitted in limited curcumstances to be specified by the court on a case-by-case basis. DA - 2008 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2008 T1 - The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia TI - The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia UR - http://hdl.handle.net/11427/4606 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4606
dc.identifier.vancouvercitationFeehily R. The development of commercial mediation in South Africa in view of the experience in Europe, North America and Australia. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2008 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4606en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherCommercial Lawen_ZA
dc.titleThe development of commercial mediation in South Africa in view of the experience in Europe, North America and Australiaen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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