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 It is interesting to note that in the labour law field, mediation as the first step to dispute resolution is compulsory. Whenever disgruntled employees feel they have been unfairly treated or unfairly dismissed, they have to subject their claims to a mediation process.

Only if the mediation does not bear any fruit may the employee approach an arbitrator for final adjudication. This has been a success in that almost 70 percent of disputes are resolved at mediation level.

This means that many millions of rands are saved in direct costs, and thousands of hours are not wasted on unnecessary litigation. This process also means that the resolutions of the disputes are expedited, and much of the animosity is dissolved.

I have been involved with this compulsory mediation since the inception of the Commission for Conciliation, Mediation and Arbitration, and I have found that the maturity and training of mediators has greatly enhanced the ability of the warring partners to settle their disputes.

It is interesting to note that because of the neighbour adjudication bodies' ability to expedite these disputes, the litigation surrounding unfair dismissal is normally completed within a three-month period.

This is vastly different to what we see in the High Court (an 18-month delay at the minimum). All litigants in any arena may choose to go to mediation and, if that does not work, even private arbitration. The parties have more control on every aspect, and certainly will spend less time and money.

MICHAEL BAGRAIM

CAPE TOWN