Zakiya Bulbulia

Justice . Equality . Trust
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Zakiya Bulbulia who has been exposed to Litigation for the past twelve years and  has accordingly established herself as a seasoned Litigator, and has developed a niche practice specifically in Civil Litigation

Mediation is a process where disagreements over various issues or disputes are resolved by a neutral third party (a Mediator). The role of the Mediator is to facilitate discussions and understanding around issues of dispute/conflict in order to reach mutually acceptable solutions and agreements.  The Mediator may also provide information pertaining to the applicable Law.  

Family Law Mediation is a peaceful yet effective alternative to divorce litigation.  It is a form of dispute resolution between two or more parties with concrete effects. The basis of these disputes arise from issues of :

Custody, Access and Maintenance of the child(ren), and/or
Division of assets and spousal maintenance
Customary Law Issues
Parental Rights, including the rights of unmarried fathers
Successful Mediation thus preserves the relationship between parties particularly when future communication between the parties is necessary in the upbringing of their children. 

The Rules Board for the courts of Law have amended the rules regulating the conduct of proceedings of the Magistrates Courts of South Africa with a view of introducing alternative dispute resolution mechanisms by way of court-annexed mediation, aimed at facilitating an expeditious and cost-effective resolution of a dispute between litigants or potential litigants, as well as assisting litigants or potential litigants to determine at an early stage of litigation or prior to commencement of litigation, whether proceeding with a trial or an opposed application would in fact be in their best interests or not.  There are rules applicable to these mediation sessions but will not be discussed here.

If the dispute is resolved, and Mediation successful, not only is a settlement agreement incorporating the terms of the settlement drafted and filed at court to close the matter, but the parties can continue their business relationships and dealings without any negativity;

Although a party may be legally represented at mediation, both parties must attend the sessions in person. In the case of a juristic person or a firm or partnership, a duly authorized representative must attend the mediation proceedings and enter into discussions on the juristic persons behalf.

The benefits of mediation are:

  • Cost — The mediation process generally takes much less time than pursuing a case to Litigation. Parties may also agree to share the already reduced costs of this process. 
  • Confidentiality — While court hearings are public, mediation remains confidential and inadmissible as evidence in any court unless otherwise discoverable in terms of law;
  • Control — Parties retain control over the outcome. 
  • Comfort — The matter is dealt with in the comfort of a private office/boardroom as opposed to unnerving Courtrooms

However, without an open mind and a commitment to resolve the matter, mediation may not always provide finality, but it is never a wasted effort.

Your Justice Is Our Priority

We have developed a niche practice specifically in Civil Litigation, more particularly in Commercial Disputes and Insurance Litigation, including but not limited to claims arising from Third Party claims as a result of Motor Vehicle Accidents, as well as Public Liability Claims. The Firm also specializes in Family-Child Mediation, Court Annexed Mediation, Divorce Mediation, as well as Family Matters governed by Islamic Law.

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Primary Practice Areas

Business Law

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Criminal Law

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Tech Law

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Primary Practices

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  • Criminal Law
  • Business Law
  • Family Law

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James Doe

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From Our Clients

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“Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut efficitur condimentum lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut efficitur condimentum.” Shah Paran

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