(Stellenbosch : Stellenbosch University, 2023-12) Opperman, Emile Willem; Broodryk, Theo; Stellenbosch University. Faculty of Law. Dept. of Private Law.
ENGLISH ABSTRACT : This dissertation is concerned with Rule 41A of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa (“High Court Rules”) which recently introduced mediation as a preliminary step in the high court litigation process. Specifically, the focus is on critiquing Rule 41A, as it does not provide a proper framework for court-annexed mediation in its current form.