Steps to make mediation more mainstream are underway

November 29th, 2024
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Chairperson of the Johannesburg Attorneys Association (JAA), Azhar Aziz Ismail with the Judge President of the Gauteng Division of the High Courts, Dunstan Mlambo at the JAA’s second Annual Judges’ Function.

The Johannesburg Attorneys Association (JAA) held its second Annual Judges’ Function under the theme ‘Adding colour to your life,’ where the organisation recognised and celebrated the work done by the judges in the Gauteng Division of the High Courts. The august event, held on 7 November 2024 in Johannesburg, was attended by some judges, including the Judge President of the Gauteng Division of the High Court, Dunstan Mlambo, as well as legal practitioners who are members of the JAA. The keynote speech was delivered by the Deputy Judge President of the Gauteng Division of the High Court, Johannesburg, Roland Sutherland, who started with good news for legal practitioners regarding the Court Directives. He pointed out that the judicial task team is going to integrate all directives into one place in the Gauteng Division of the High Courts. He added that there will be one system for both seats. What happens in the Pretoria seat, will also be done in the Johannesburg seat.

Deputy Judge President Sutherland added that steps to make mediation more mainstream are well in advance. ‘The judiciary has engaged with the key players in the mediation market. What we are hoping we can bring to the marketplace shortly will be a viable pool of accredited and credible mediators who will offer their services at affordable fees, so that they can play a meaningful role in dispute resolution. I do not think it is impossible to emphasise how important it is to grasp mediation as a mainstream technique in dispute resolution,’ Deputy Judge President Sutherland said.

Deputy Judge President of the Gauteng Division of the High Courts in Johannesburg, Judge Roland Sutherland gave the keynote address at the second Annual Judges’ Function that was hosted by the Johannesburg Attorneys Association.

Deputy Judge President Sutherland said that it is critical for litigation practitioners to buy into the technique, not merely because it is sometimes more cost-effective, as it is not always cheaper. ‘You must take the time to equip yourself with sufficient depth of awareness of what mediation can do for your clients,’ Deputy Judge President Sutherland added. He pointed out that not enough work is done on that. He said that it is their hope that this initiative, which comes from the mediation sector, will receive the judiciary’s stamp of approval and that they will be able to engage in a meaningful way and on a meaningful scale in the course of 2025.

Deputy Judge President Sutherland added that, in relation to mediation more generally, the Road Accident Fund (RAF) has indicated that it is going to commit itself to mediate its disputes. He added that if RAF cases are dealt with by the High Courts and not by a specialised tribunal, ‘all of us who are in the system have to live with the fact that the Road Accident Fund is the dominant litigator and if it sneezes, we all get a cold.’ Deputy Judge President Sutherland also touched on how they are looking into efficient ways of organising work in the Division regarding litigation systems in different areas of law. He also spoke about the challenges that the Division is going through with regard to not having enough judges in the Division.

In his chairperson address, Azhar Aziz Ismail said that the organisation’s theme for the event resonated with the legal profession. He said that there is a constant struggle for clarity, diversity, innovation and variety in an often very complex legal history. He expressed gratitude to the judges at the event, adding that their commitment to justice, wisdom and integrity and dedication ensures that the scale of justice is balanced, fair and that there is justice and equality for all South Africans. He pointed out that the JAA recognises and appreciates the hard work from the judges and the judiciary.

Chairperson of the Johannesburg Attorneys Association, Azhar Aziz Ismail speaking at the JAA’s second Annual Judges’ Function that the organisation held on 7 November 2024.

Mr Aziz Ismail said that the legal profession is constantly evolving. ‘We find ourselves in the era of unprecedented change where innovation is not actually optional but is necessary and we sometimes do not get that. The brushstrokes of technology create a more efficient, accessible and transparent legal service. And if we can make use of it, we cannot only help ourselves, but we can also help our clients,’ Mr Aziz Ismail said. He added that the legal profession is currently standing at an exciting crossroad of legal innovation. He said that the Court Online system represents a transformative moment of the legal profession. He noted that it does have its challenges, but he added that the digital platform is not just an update. ‘It is a re-imagination of how justice can be delivered. And this groundbreaking project for us in South Africa is adding new dimensions to our legal landscape. Painting in a new and more efficient landscape of legal practice,’ Mr Aziz Ismail added.

Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.

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