Before mediation

A guided process, with decisions kept in your hands

The Mediation Hub uses an evaluative and collaborative approach. The mediator may explain relevant legal principles, practical considerations and possible settlement outcomes to help participants make informed choices. Mediation is not arbitration: the mediator does not decide the dispute or impose an outcome.

Participation is voluntary. Participants remain responsible for their own decisions and any agreement reached. The Mediation Hub is a mediation service provider, not a law firm, and participants may obtain independent legal advice or have a proposed settlement reviewed before signing.

Good faith, disclosure and impartiality

Participants are expected to provide accurate and complete relevant information, communicate honestly, act in good faith and engage constructively. The mediator relies on information supplied by the participants and is not required to independently verify every document or statement.

The mediator facilitates the process impartially and professionally. Where a matter involves minor children, their best interests remain a primary consideration in accordance with applicable law.

A structured process that can adapt to the matter

The mediator manages the mediation process and may set its structure, sequence and format to suit the dispute. This may include separate sessions with each participant. Information shared in an individual session is kept confidential unless the participant authorises disclosure or disclosure is required by law. Where appropriate and consistent with the agreement, the mediator may share information or proposals between participants to help move discussions forward.

Either participant may ask to pause or leave the process. The mediator may also suspend or end mediation where circumstances reasonably justify it. Depending on the circumstances and applicable law, an unreasonable refusal to participate or withdrawal may have procedural or cost implications.

Confidentiality and without-prejudice discussions

Mediation discussions, proposals, offers and concessions are intended to remain confidential and without prejudice, so participants can explore settlement openly. Subject to applicable law, mediation communications are generally not to be used as evidence in later proceedings, and participants agree not to call the mediator as a witness or seek the mediator’s confidential records for those proceedings.

These protections are subject to legal requirements and orders of a competent court. Documents or information that are independently admissible or discoverable outside mediation are not made confidential merely because they are discussed during mediation.

Services, fees and appointments

The applicable fees, package, scope of services and conditions are confirmed in writing before the relevant services begin. Any additional fees or material changes to scope are to be discussed and agreed before the additional services are undertaken. Depending on the package, calls and electronic communications may form part of chargeable professional services.

Participants should give at least 48 hours’ notice if they cannot attend a scheduled appointment. A late cancellation or non-attendance may be charged for the time reserved, at the rate communicated to the participants. If a refund is requested, work already performed and expenses reasonably incurred may be taken into account, subject to applicable law. Fixed-fee packages are generally billed as packages rather than through itemised time entries.

Participants may agree how the fees will be shared or who will be responsible for payment. Non-payment may result in services being suspended or the mediator withdrawing, subject to the agreed terms, applicable law and professional obligations.

Personal information and records

Mediation may involve personal and sensitive information, including financial, family and children’s information. The mediator and The Mediation Hub may process information as reasonably necessary to administer and facilitate the mediation, prepare documents, meet legal obligations and manage records, in accordance with applicable privacy law, including POPIA.

Records may be retained for professional, administrative, legal and record-keeping purposes, subject to applicable confidentiality and data-protection obligations. Personal information is not used for unrelated marketing without an appropriate lawful basis.

Settlement terms and independent advice

Any settlement reflects the participants’ own voluntary decisions. The mediator may offer evaluative guidance or recommendations, but does not guarantee a particular legal, financial or personal outcome. Participants may agree on lawful, implementable terms even if the mediator has expressed reservations or suggested an alternative.

Each participant may seek independent legal advice about their rights and obligations before concluding a settlement. The mediator does not represent either participant and will not subsequently represent either participant in litigation arising from or directly related to the matter mediated.