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Mediation Practice in the Magistrates Courts

Publication Language: English

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ISBN/ISSN: 9780409123500
Published: October 13, 2015
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R436.74
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ISBN/ISSN: 9780409126501
Published: September 29, 2015
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R408.17
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Mediation Practice in the Magistrates' Courts is a practice guide to mediation covering the new Court Annexed Mediation RulesMediation Practice in the Magistrates' Courts provides guidance for attorneys who wish to add mediation practice to their service. The book also provides guidance for any disputing parties who wish to make use of the Magistrates Court mediation services as the means to resolve their civil disputes. This must have practice guide explains how to prepare for mediation and how to conduct the negotiations when they are at the mediation table. The book also deals with the recent introduction of mediation rules into the South African Magistrate Courts whereby mediation became available as method of dispute resolution. The book includes the relevant Magistrate Court Mediation Rules, Forms and the applicable tariffs.

Customer reviews

A well-structured and insightful guide to mediation practice
by
Director Harris Nupen Molebatsi Attorneys
Chris Marnewick has produced a well-structured and insightful guide to mediation practice in the Magistrates Courts. Indeed his contribution goes beyond that. He offers an accessible, well-researched and critical account of mediation process that will deepen appreciation among members of the profession of the value of this increasingly influential form of dispute resolution.
A welcome addition to any legal practitioner’s library
by
Former Civil and Criminal Magistrate
Chris Marnewick SC’s book Mediation Practice in the Magistrates’ Court will be a welcome addition to any legal practitioner’s library. Following a worldwide trend in the increased use of mediation as a dispute resolution procedure, mediation services have recently been introduced into South African Magistrates’ Courts. The book is an extremely useful practical guide to legal practitioners and the disputing parties. Furthermore, the book will be a useful guide to officials who are engaged in mediation practice in the Magistrates’ Courts. The book deals with numerous aspects including, a comprehensive section dealing with legal practitioners’ involvement in the mediation process, a comprehensive commentary on negotiation and commentary on the various legal aspects on mediation. The book also deals with the recent introduction of mediation rules into the South African Magistrates Courts whereby mediation became available as method of dispute resolution. The book has the relevant Magistrate Court Mediation Rules, Forms and the applicable tariffs. Mediation skills and know-how have become an essential facet of the services offered by practitioners and this book is an excellent comprehensive guide on the subject.

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Table of contents

CHAPTER_1 - Mediation practice in South Africa: A brief historical account

CHAPTER 2 - Dispute resolution

CHAPTER 3 - What is mediation

CHAPTER 4 - Benefits mediation

CHAPTER 5 - Should mediation be mandatory in civil cases?

CHAPTER 6 - The attorneys role in mediation: Case analysis

CHAPTER 7 - The attorneys role in mediation: when to go to mediation

CHAPTER 8 - The attorney's role in mediation: the overall picture

CHAPTER 9 - Basic negotiations skills

CHAPTER 10 - Tricks and pitfalls in the negotiations

CHAPTER 11 - Keeping a negotiation notebook

CHAPTER 12 - Confidentiality and privilege

CHAPTER 13 - The law, ethics and etiquette of mediation

CHAPTER 14 - Introduction to the mediation process

PART 15 - The Mediation Rules

CHAPTER 16 - The functions and duties of the mediation clerk

CHAPTER 17 - The terms of the mediation agreement

CHAPTER 18 - Preparing for the mediation

CHAPTER 19 - The mediator in the Magistrates Court

CHAPTER 20 - The mediator's qualifications and code of conduct

CHAPTER 21 - An assessment guide or checklist for mediators