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Section 17A: Mediation

Courts Act · PART II: THE SUPREME COURT

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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