Memoire Mediation
Worldwide Alternative Dispute Resolution Services in Mediation and Adjudication
Memoire Mediation
Memoire Mediation is an alternative dispute resolution (ADR) platform run by trained mediator, adjudicator and Advocate, Samantha Jane Martin.
Memoire Mediation offers alternatives to traditional litigation – this includes court litigation. Samantha is a member of the Johannesburg Bar and is a qualified mediator, adjudicator, and arbitrator. Samantha works on brief from attorneys.
Benefits of Alternative dispute resolution
There are several benefits to alternative dispute resolution, as compared to court litigation. But before we get to the benefits, let us define what options there are for people to consider:
Mediation
Mediation is defined as a structured, interactive process where an impartial third-party mediator objectively and neutrally assists disputing parties in resolving conflict. This is done using communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process and the parties themselves dictate the outcome, with the mediator assisting the process. Mediation ends when mediation either fails (no outcome) or, a settlement agreement is reached. The settlement agreement is legally binding on both parties.
The benefits of mediation are numerous, here are a few:
- Cost effective – mediation is generally far more cost effective than litigation.
- Constructive – mediation is more constructive than litigation and can preserve relationships more effectively than a trial which is adversarial.
- Prevents delay – mediation can happen at any time and in a variety of locations. They can take place physically or virtually and without lengthy papers being filed. Thus, mediation is far more expeditious than litigation. Mediation can also run parallel to any litigation.
- The parties determine the outcome – litigation is a “win or lose” game. Mediation is a more creative mechanism to formulate an outcome that may be palatable to both parties.
Adjudication
Memoire Mediation offers construction adjudication for the built environment. Adjudication is a method of resolving construction disputes without involving a prolonged legal process. The genesis of this process is generally contractual. By contract the parties will agree to adjudication as an interim mechanism with the parties entitled to approach an arbitrator at a later stage, if dissatisfied with the outcome. Its objective is to provide a fast-working solution to an issue (pending the outcome of, or without the need for, a more formal dispute resolution procedure) so that parties can quickly resume or continue work under the contract.
The benefits of adjudication are numerous, here are a few:
- Urgent interim relief: an adjudication award can be handed down expeditiously, pending a more litigious outcome.
- The courts are known to enforce awards: the courts have handed down numerous decisions, acknowledging adjudication awards and enforcing the same, making this a meaningful mechanism for contractors to enforce interim payment.
- Inquisitorial: adjudication is generally determined on the papers and through inquisitorial means, resulting in a streamlined and quick process.
Memoire mediation offers the following:
Commercial Mediation
Construction Mediation
Sports Law Mediation
Environmental Mediation
Construction Adjudication
In 2025 the Gauteng Divisions of the High Court issues a Court-annexed mediation, as contemplated in the MEDIATION DIRECTIVE OF THE GAUTENG DIVISION issued by the Judge Present of the Gauteng Division of the High Court (the Mediation Directive) which will be conducted according to the guidelines set out in this MEDIATION PROTOCOL FOR THE GAUTENG DIVISION (the Protocol).
This Protocol aims to:
- Ensure compliance with Rule 41A of the Uniform Rules of Court (Rules).
- Promote the efficient administration of justice in the Gauteng Division whilst also transforming access to justice and the availability of the courts to the litigating public.
- Promote the use of mediation as an alternative dispute resolution mechanism to alleviate congestion on the court rolls.
- Enhance access to justice by providing an efficient, cost-effective, and less adversarial method of resolving disputes.
- Foster a culture of cooperation and mutual respect among litigants.
In line with the Protocol, Advocate Samantha Martin:
- Is qualified with the Arbitration Foundation South Africa (AFSA) as a trained mediator. AFSA’s courses are registered with the University of Pretoria and AFSA has confirmed that the course meets the accreditation requirements of the Directive.
- AFSA has a code of conduct and rules governing the mediation.
- With more than 15 years at the Bar, Advocate Martin has participated multiple mediations as a mediator herself and as a participant counsel assisting clients in complex mediation matters.
Advocate Samantha Martin specialises in the following types of mediation:
- Commercial mediations – property, contract disputes
- Insolvency mediations – liquidation and business rescue
- Sports mediations – disputes with clubs, players, regulators and federations
- Environmental mediations – service delivery disputes and matters pertaining to wildlife, agriculture, mining, waste and water
- IP mediations – disputes regarding copyright, trademarks and intellectual property
