Why Mediation?

• Cost effective: Costs in the majority of matters will be significantly lower than going through the process entailed in Rule 70.
   
• Time: Mediation can be done at any time suitable to the parties and no long waiting periods apply as is the case with Taxation dates at court, which can be up to 6 months.
   
• Mediation is no guarantee of a result. In Taxation there will be a winner and a loser.
   
• Mediation is final. No right of appeal and once the settlement agreement is signed; it is too late to change your mind. Taxations can be reviewed on application with its cost implications.
   
• Mediation is private and confidential. The court is public and the documents are available for anyone to inspect.
   
• The participants choose the Mediator. The court chooses the Taxing Master.
   
• The participants choose where and when the mediation will take place. BLCM’s mediations take place within 14 days of receiving the enquiry. In the High Court’s you can wait up to 6 months for an opposed taxation date. The date and place is in the hands of the participants and at their comfort.

When should a party consider mediation for legal costs disputes?

Parties (whether paying or receiving) should consider mediation regarding legal costs disputes after the Bills of Costs, Objections and Replies have been served.

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