Felicity Steadman

Felicity Steadman is co-founder and Director of Conflict Dynamics and Chairperson of the Conflict Dynamics Empowerment Trust. She has been a professional in the field of dispute resolution since 1989, 'the IMSSA' days of ADR in South Africa. She co-designed the training materials for the first cohort of CCMA commissions and was herself a senior CCMA commissioner. She was trained and accredited as a commercial mediator by the London-based Centre for Effective Dispute Resolution (CEDR) in 2003, with whom she is actively engaged as Head of Faculty of mediator training. Felicity is certified by the International Mediation Institute, registered with the Civil Mediation Council in the UK, and is on the CEDR Chambers and Oxford Mediation panel of mediators. She currently works as a full-time mediator and maintains a steady caseload. She mediates a wide variety of disputes including employment and workplace, information, communications and technology, right of way, trusts, wills and probate, financial services, and partnership and shareholder.

Mediation Matters: 5 Myths About Mediation — And Why They’re Wrong

Mediation is steadily reshaping the landscape of dispute resolution in South Africa. Yet, despite its growing prominence, many professionals and citizens still misunderstand what mediation is and how it works. The webinar “Mediation Matters: Myths of Mediation” by Conflict Dynamics tackles these misconceptions head-on, especially in light of reforms like High Court Rule 41A, which encourages mediation, and the Gauteng High Court Mediation Protocol, which requires it before all categories of civil litigation.

This article explores five of the most common myths about mediation, why they persist, and what the reality looks like.

Myth: Mediation is only for small or simple disputes

• The misconception: Many assume mediation is suitable only for small civil claims, minor commercial disagreements or family quarrels.
• The reality: Mediation is effective across a spectrum of conflicts, including complex commercial disputes, organisational breakdowns, and even high-stakes litigation.
• Why it matters: Limiting mediation to “small” cases overlooks its potential to resolve entrenched conflicts and deal with complexity, while also preserving relationships.

Myth: Agreeing to mediation shows weakness

• The misconception: Some believe that choosing mediation signals a lack of confidence in one’s case.
• The reality: Opting for mediation demonstrates strategic strength. It shows a willingness to prioritise resolution, efficiency, and more comprehensive long-term outcomes over adversarial wins.
• Why it matters: In professional and business contexts, mediation can protect reputations and foster trust, which litigation often erodes.

Myth: Mediators impose decisions like judges

• The misconception: People often confuse mediation with arbitration or court rulings.
• The reality: Mediators do not decide the outcome. They facilitate dialogue, helping parties craft their own solutions.
• Why it matters: This empowers participants, giving them ownership of the resolution and increasing the likelihood of lasting agreements.

Myth: Mediation delays justice

• The misconception: Critics argue mediation drags out disputes before they eventually go to court.
• The reality: Mediation often accelerates resolution. Litigation can take months or years, while mediation sessions can resolve matters in days or weeks.
• Why it matters: Speed saves costs, reduces emotional strain, and allows parties to move forward sooner.

Myth: Mediation is just about compromise

• The misconception: Some think mediation means “splitting the difference” or settling for less.
• The reality: Mediation is about creative problem-solving. Parties can design tailored solutions that courts cannot provide—solutions that meet deeper needs beyond financial compensation.
• Why it matters: This flexibility makes mediation particularly valuable in on-going business ventures, medical negligence and personal injury contexts where the conflict involves much more than just money, where monetary outcomes do not necessarily meet the needs of the parties as effectively as other options do, and where relationships matter as much as outcomes.

The Benefits Reinforced

The webinar highlights several advantages that dispel these myths:

• Cost savings: Reduced costs in terms of time, stress and legal fees.
• Confidentiality: All discussions, documents created for the purpose of mediation and the outcomes remain private, off the record and without prejudice.
• Relationship preservation: Essential in ongoing business or family ties.
• Flexibility: Outcomes can be customised to suit unique circumstances.
• Empowerment: Parties retain control over the process and the result.

The Bigger Picture

South Africa’s embrace of mediation reflects a global trend toward collaborative dispute resolution. By embedding mediation into judicial frameworks, the country is signalling that adversarial litigation should no longer be the default. Instead, mediation offers a progressive and efficient path toward justice.

Key Takeaway

Mediation is not about weakness or compromise—it’s about dialogue, empowerment, and sustainable solutions. Dispelling mediation myths is crucial to unlocking mediation’s full potential in South Africa’s evolving justice system. As the webinar made clear, mediation is not a “soft option” but a smart strategy for resolving disputes in a way that honours both judicial efficiency and effective resolution.

Mediation in South Africa, like in many jurisdictions, is often misunderstood, despite its growing prominence—especially with the introduction of rules like High Court Rule 41A, which encourages its use, and the Gauteng High Court Mediation Protocol, which requires it.

In case you missed it: Hendrik Kotze, Samantha Phumaphi, and Felicity Steadman recently presented a webinar on these common mediation myths. You can watch the webinar here Conflict Dynamics - Mediation Matters: Myths of Mediation