Rule 41A and Mediation Advocacy for Lawyers

The workshop is conducted online in four 90-minutes modules with screen breaks in between sessions. The next workshop will take place online on 12 July 2022 - 09.00 to 17.00. To attend Book here


Why Attend?

Rule 41A requires you to engage with your client and the other party's representative about mediation. To be able to do this requires a conscious departure from the styles of representation adopted in arbitration or in court. Legal practitioners who believe in mediation need MEDIATION ADVOCACY SKILLS, to advocate for their clients in mediation and to persuade the other party to mediate. 

This course is conducted online in four 90-minutes modules with screen breaks in between sessions.

Main Topics

  1. The different primary dispute resolution processes

  2. What mediation is and what the mediator does

  3. The mediation process, basic principles and ground rules

  4. What makes mediation work

  5. What lawyers do in relation to mediation

  6. Advising your client in mediation, including an overview of the relevant law and the lawyer's regulatory duties including Rule 41A

  7. Analysing your client's case including the litigation risk

  8. Preparing for mediation and preparing your client, including the agreement to mediate, the mediation statement and opening the mediation

  9. Selecting the mediator and making the logistical arrangements

  10. Practising aspects of the mediation, including preparation and making the opening statement, and setting an appropriate tone for the mediation

This course is conducted online in four 90-minutes modules with screen breaks in between sessions. 

Each delegate will receive a hard copy of our book: Commercial Mediation: A User’s Guide Juta 2012 revised 2016 by Brand, J; Steadman, F and Todd, C, and soft copies of course materials.

Course feedback

  • Opened my mind to some valuable and workable alternatives to assisting clients solve conflict.

    Darren Olivier
    Nov 2020
  • For someone with no background in mediation, this course was insightful and interesting. Great to have it spread into digestible sessions, with a lot of interaction. Knowledgeable hosts and an informal tone made it all the more enjoyable.

    Nov 2020
  • The course epitomises mediation as a true dispute resolution mechanism and dispels the notion that it is simply a precursor to litigation. 

    Nov 2020
  • An interactive and beneficial course for legal practitioners about the key role players, characteristics, structure and practical aspects of conducting mediation proceedings. 

    Michelle Naidoo
    May 2020
  • The course provided me with invaluable insights in the contribution counsel can make to less protracted more cost-effective dispute resolution for litigants by way of mediation rather than traditional litigation.

    Esther Robina Venter
    May 2020