Mediation Week now being celebrated in South Africa

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They will join counterparts in the US, Sweden and the other African countries to promote the use of mediation as an appropriate method of dispute settlement. Mediation Week takes place from 11-17 October 2015 and the theme is 'Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future'.

International research has shown that commercial mediation saves UK business around £2 billion a year in wasted management time, damaged relationships, lost productivity and legal fees. Moreover, evidence has shown that in Italy just a 75% mediation success rate can save 860 days (more than two years) of management time and over €7 000 per dispute.

"African trade is characterised by a high number of small and micro businesses, both in the formal and informal sectors. These businesses are particularly vulnerable to the costs of resolving disputes through the formal court process," explains Nomfundo Walaza, Executive Director of PeaceSystems, a Cape Town NGO specialising in developing ADR institutions and systems.

"Traditionally, mediation has always been part of the African way of doing business. While South Africa is fortunate in having some excellent mediation service providers with world-class mediators, there is a general lack of awareness of mediation and its benefits. There is also, unfortunately, still some resistance to mediation rather than litigation from business and government leadership which needs to be addressed."

Swedish NGO, Chamber Trade Sweden, is championing a project, which aims to facilitate inter- and intra-African trade through the uptake and use of mediation. It has been assisting in promoting mediation and building mediation capacity within chambers of commerce to deliver services in South Africa, Zambia, Tanzania, Zimbabwe, Kenya, Ethiopia, Botswana, Namibia and Rwanda.

"Access to justice has long been on the developmental agenda and promoted by the World Bank, the Swedish International Development Cooperation Agency, the UN and other global bodies. However, accessing justice is still a challenge for many in emerging markets, particularly for smaller businesses and start-ups," explains CEO of Chamber Trade Sweden, Charlotte Kalin.

"There is overwhelming evidence that the use of alternative dispute settlement mechanisms lowers the risk of trade, especially in cross border trade. More than that, the call from smaller businesses to offer a more cost effective means to settle disputes has been heard clearly at our many partner engagements."

Seminars during Mediation Week

Chamber Trade Sweden is working with PeaceSystems and its African partners to highlight the benefits of mediation to business leaders and business owners during Mediation Week. This will be achieved through seminars, training and awareness raising initiatives.

"The ability to resolve commercial disputes efficiently and cost effectively will have a major impact in creating an attractive and secure business climate for both domestic and foreign investors. We are delighted with the collaboration we have enjoyed so far, and believe that, by increasing our efforts and investments in the promotion of ADR, we are making a lasting and meaningful impact on African economic sustainability," concludes Kalin.

South African initiatives include a collection of educational material which can be freely distributed, available here. A competition to win a morning of mediation and negotiation training, offered by Derek Pead & Associates and training courses.

• 'Mediation Accreditation and Training', hosted by Conflict Dynamics in Cape Town 15-20 October - contact Ann Schorr +27 (0)11 669 9578 or az.oc.scimanydtcilfnoc@ofni
  
• 'Medical Negligence and Health Sector' mediation training, hosted by Mediation in Motion and UCT Law @ Work in Cape Town 12-16 October - contact Paula Allen +27 (0)21 650 5558 or az.ca.tcu@nella.aluap
  
• Networking event on 'How to Encourage the Use of Mediation in the Civil Justice System', hosted by Conflict Dynamics in Cape Town on 20 October and Johannesburg on 22 October - contact Ann Schorr +27 (0)11 669-9578 or az.oc.scimanydtcilfnoc@ofni.