MEDIATION: MAGISTRATES COURT RULE 72 AND UNIFORM RULE 41A(2) TO BE AMENDED

MEDIATION: MAGISTRATES COURT RULE 72 AND UNIFORM RULE 41A(2) TO BE AMENDED

• 18 April 2024
• Justice & Constitutional Development
• SA Legal Academy

The Rules Board for Courts of Law has issued a notice calling for input by 30 June 2024 on a draft amendment to Magistrates Courts Rule 72 (notice agreeing to or opposing mediation) – harmonising it with a draft amendment to Uniform Rule 41A(2) (mediation as a dispute resolution mechanism).

It is proposed that Uniform Rule 41A(2) should be amended to provide that ‘in urgent applications, the court or a judge may dispense with compliance with paragraphs (a) and (b)’. This is noting that those paragraphs require notices to be served on an applicant/plaintiff and defendant/respondent requiring them to agree to or oppose referral of the dispute to mediation – and to communicate their decision according to the prescribed procedures.

The amended Magistrates Courts Rule 72 would be aligned with this provision.

The proposed amendment to Magistrates Courts Rule 72 is attached to the notice as Annexure A, and the proposed amendment to Uniform Rule 41A(2) as Annexure B.

• notice with annexures
• Magistrates Courts Rules (updated to 19 June 2023)
• Uniform Rules (updated to 19 June 2023)

Published by SA Legal Academy Policy Watch

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