Delberg Attorneys now offers professional mediation services to clients, a new facet of the firm, as a practical, cost-effective alternative to litigation, including Court-Annexed Mediation under Uniform Rule 41A. Our mediators bring the same legal expertise and strategic insight that defines our practice, guiding parties toward durable, legally sound resolutions.
Court-Annexed Mediation (Rule 41A)
Under Rule 41A of the Uniform Rules of Court, legal practitioners must consider mediation before proceeding with litigation. Delberg Mediation Services assists clients through this process — whether mediation is court-referred or entered into voluntarily — with the aim of reaching a legally binding settlement without the cost and delay of a full trial.
| Since April 2025, the Gauteng High Court has made mediation a mandatory procedural step in most matters, referring parties to mediation before trial. |
Our Mediators
Mediators at Delberg Mediation Services are qualified and registered with a Recognised Mediation Organisation (RMO), ensuring every mediation we conduct meets the standards required for Rule 41A and court-referred matters.
We Assist With
- Court-referred mediation matters (Rule 41A)
- Commercial and business disputes
- Labour and employment matters
- Family and matrimonial disputes
- Trust disputes
Get in Touch If you are facing a Rule 41A referral, or would simply like to explore mediation as an option, contact Delberg Attorneys to discuss how we can assist. |
FAQ's
What is the difference between mediation and litigation?
Litigation is a formal court-based process in which a judge determines the outcome of a dispute. Mediation, by contrast, is a private and voluntary process where the parties themselves retain control over the outcome. Mediation is generally faster, less costly, and less adversarial than litigation, and the discussions that take place during mediation are conducted on a without-prejudice and confidential basis, meaning they cannot ordinarily be used against a party in subsequent proceedings.
Is a mediated settlement agreement legally binding?
Yes. Once a settlement agreement reached through mediation is reduced to writing and signed by all parties, it is legally binding and enforceable. If a party fails to honour the agreement, the other party may approach a court to have it enforced.
Do I still need an attorney if I participate in mediation?
While mediation is less formal than court proceedings, it is advisable to have legal representation throughout the process. An attorney can advise you on your legal rights and obligations, assist in preparing for mediation sessions, and review any proposed settlement agreement before it is signed. Delberg Attorneys can represent you during mediation while also facilitating the process where appropriate.
What happens if mediation is unsuccessful?
If the parties do not reach a settlement, the mediation concludes on a without-prejudice basis. Neither party is prejudiced, and all parties remain entitled to pursue litigation or other dispute resolution mechanisms. Nothing discussed during mediation may be used in subsequent proceedings without the consent of the relevant party.