Mediation has now become compulsory in South African High Courts, and it is mandatory in several other jurisdictions too. Mediations are confidential and it is a far more constructive process compared to litigation. Despite the emphasis on mediation as an alternative dispute mechanism, the experience of a mediator can make or break the process.

Our mediations are facilitated, and we can include venue organization as part of the service that we offer. Memoire Mediation assists attorneys, solicitors, and lawyers from around the world with these services. 

Memoire Mediation is run by Advocate Samantha Jane Martin, a trained and accredited mediator, adjudicator, and arbitrator. Samantha has trained with the Arbitration Foundation of South Africa and was involved in Young AFSA – a mediation and arbitration forum for up-and-coming arbitrators and mediators. She sits on the LPC and AFSA Panels for ADR as well as the SABWiL Panel for mediation. The process adopted is as follows:

1. Generally, attorneys in terms of the High Court Protocol nominate Samantha to be a mediator in a matter.
2. A pre-mediation meeting is called, generally virtually to discuss the process, costs, ethics, ground rules and expectations associated with mediation, as well as to explain the mediation agreement.
3. The payment terms are generally as per the High Court Protocol and a deposit will be taken with any further payments to be paid upon presentation of invoice.
4. Physical mediations are preferred, and a mediation will generally be held at Chambers.