Tag: DisputeResolution

If there is one thing organisations know well, it is that disputes are expensive. The expense extends beyond legal fees. It also includes management time, damaged relationships and strategic distraction. A supplier dispute that should take weeks can consume months of senior attention. For multinationals juggling cross-jurisdictional matters, the logistical burden alone can dwarf the value of the underlying claim.

There is a moment in most disputes when emotion overtakes economics. Pride digs in. Letters become sharper. Threats of court proceedings follow. Yet, by the time a matter reaches trial, the real question often lingers in the background: was the game worth the candle?

In a recent Johannesburg High Court judgment, the plaintiff, Karanie, instituted an action against the life insurer, the defendant, in December 2012. The claim sought payment of benefits allegedly due under a life insurance policy. The defendant defended the action and filed a counterclaim to recover payments already made under the policy.

With effect from 22 April 2025, the Gauteng Division of the High Court introduced mandatory mediation before civil trials. As a result, parties must first undergo mediation before applying for a trial date. In practical terms, mediation is not optional in civil litigation within this division.