Cases are not suitable for mediation when a party needs urgent court protection, when there is abuse or a serious power imbalance, or when one side will not take part in good faith. Mediation depends on both parties being willing and able to negotiate freely.
Examples
- Urgent matters needing an interdict or other immediate court order
- Situations involving domestic violence or intimidation
- Disputes where a party is hiding assets or acting in bad faith
- Cases where a legal precedent or a public ruling is needed
- Criminal matters, which are for the State to prosecute
Some matters are unsuitable at the start but become suitable later. For example, once an urgent interdict is in place, the underlying dispute may still be resolved in mediation.
Need help with this? See Mediation.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.