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Links to interesting articles on the merits of Mediation. http://www.uct.ac.za/dailynews/?id=7155 In this article Professor Alan Rycroft in his inaugural lecture, The Problem of Process Pluralism: Why are we resolving our disputes so badly? makes a case for mediation and comments that South Africa needs to embrace the process more fully. http://www.legalbrief.co.za/article.php?story=20091006103426675 This article makes a case for mandatory mediation in South Africa and counters some of the misconceptions about Mediation. It also recommends that mediators be appropriately accredited. http://www.roylaw.co.za/Index.cfm?fuseaction=home.article&PageID=8922710&ArticleID=3658682 There is a duty on parties to a dispute to attempt to mediate the dispute and an obligation on opposing attorneys to encourage mediation, before litigation commences. In this judgment in a divorce settlement the judge capped the fees of the attorneys because they had failed to recommend mediation prior to litigation.
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