Mediation as an alternative to litigation: A comparative study between South Africa and Germany
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Date
2019
Authors
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Journal ISSN
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Publisher
University of Western Cape
Abstract
The judicial court system in South Africa is overburdened, which results in parties having to wait
for long periods of time to have their matters settled or even heard. Furthermore, the cost of
litigation in South Africa is immense, which prevents the biggest part of the population from access
to justice in line with s 34 of the Constitution of 1996. Therefore, alternative methods of dispute
resolution are worth looking into. This paper will compare the mediation system of South Africa
with that of Germany. This will allow for a better insight in regard to mediation within South Africa,
which can help to address the above stated problems.
Description
Magister Legum - LLM
Keywords
Alternative dispute resolution, Mediation, Conciliation, Germany, Settlement outside of court