Document background
The Mediation Memorandum of Understanding is a crucial document in South African alternative dispute resolution practice, designed to facilitate structured mediation proceedings between parties seeking to resolve disputes outside of formal litigation. This document becomes relevant when parties have agreed to pursue mediation as their chosen method of dispute resolution, whether voluntarily or as required by contract or court direction. The MOU encompasses essential elements including the appointment of the mediator, confidentiality provisions, procedural guidelines, and cost arrangements, all aligned with South African legal requirements and mediation practices. It serves as the governing document throughout the mediation process, providing clarity on roles, responsibilities, and procedures while maintaining flexibility to accommodate various types of disputes. The document is particularly important in the South African context, where there is an increasing emphasis on alternative dispute resolution mechanisms to reduce court backlogs and provide more efficient dispute resolution options.
