Section 17A: Mediation
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17A. Mediation
(1) The Supreme Court shall have the power and jurisdiction to conduct
mediation in any civil suit, action, cause and matter that may be brought and
may be pending before the Supreme Court.
(2) The Chief Justice may, before or at any stage of any proceedings,
refer any civil suit, action, cause or matter to a Judge for mediation with a
view to disposing of that civil suit, action, cause or matter by agreement or
narrowing down the issues therein.
(3) Where a civil suit, action, cause or matter is referred for mediation
under subsection (2)—
(a) the Judge to whom it is referred shall have such powers as may
be prescribed for conducting mediation; and
(b) the parties shall submit themselves to mediation and shall
endeavour to dispose of the civil suit, action, cause or matter.
(4) Where a civil suit, action, cause or matter has not been disposed of
through mediation, the Judge shall cause the case to be fixed for trial.
[S. 17A inserted by s. 6 (a) of Act 20 of 2009 w.e.f. 19 December 2009.]
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Questions this section answers
- Can the Supreme Court refer my civil case to mediation?
- Who decides whether my case goes to mediation instead of trial?