Mediation -> Process court requires parties to
try and settle disputes pending
-> Form of ADR (Alternative Dispute
Resolution) as a court accredited
-> An accessory of courts adjudication
Court mediation -> Introduced 16th April 2014
-> By High Court.
-> Coming into operation of
high court rules.
Period May – June 2014 -> 103 court accredited
An important element of a properly functioning
court is the existence of diversionary strategies
that will ease the burden on the adjudication
function of the court.
ADR is such a strategy and was born from the
indisputable reality that the court system will
become dysfunctional and will ultimately
collapse if the undoubted pressure on courts is
Through CMT parties will reach an agreement
through negotiations .
Parties will no longer engage purely in
adversarial manner .
Namibia is new to this mediation process by
the High Court.
Useful in future -> Creates opportunity to
litigants to reduce litigation costs in a
-> Frees up judicial time in our
Namibian judicial system to hear maters that
have friendly resolutions.
There is a need to establish a legal precedent in
court e.g. A party wants an interpretation of
One or more parties may not be attempting
mediation in good faith.
One or more party may want to draw public
attention to the dispute.
Should understand that a new process is
in place, that it holds costs savings
benefits, and that it requires of them to
engage constructively towards
The legal profession needs to understand
how mediation works, what their role in
the process is when they represent
parties, and for those who are interested,
how to qualify as mediators.
One or more mediation service providers
in Namibia that can assist with the
administration of the mediation process
(it is unrealistic to expect the Registrar’s
Office to also engage in this
There must be contractual responsibility
to court to deliver mediation service.
Mediator must take cultural differences
between parties into consideration
Mediation can take place anywhere in the
world as its not based on legal premises but on
communication. Example, Arabic culture
Won the Noble Peace Prize for role as mediator
and force for democracy
Paved a way for a peaceful dialogue amongst
citizens, political parties and authorities.
Assured that a fair implementation of Tunisian
mediation was implemented, referring to the
Noble Peace Prize official source
Mater referred to managing judge who
instructs parties to follow procedure in given
Trial date set by managing judge.
Trial dates assigned must be adhered to ( court
practices strict non-adjournment policy) .
During the period 16 January 2015 – 4 March 2015
seventy three (73) of the one hundred and three (103)
court-accredited mediators attended to 208 (two
hundred and eight) court-accredited mediations in the
High Court of Namibia. The following are statistics on
the 2015 court-accredited mediations in the High Court
* Eight (8) [4%] of the 208 mediations scheduled could
not be concluded during the scheduled sessions and
were postponed for continuation;
* One (1) [0.5%] mediation was re-scheduled due to
the mediator knowing one of the parties;
* 28 [13.5%] of the 208 mediations were settled by the
parties prior to the mediation proceedings;
* 77 [37%] of the 208 mediations resulted in
settlements and was therefore successful
* In 45 [21.6%] of the mediations the parties could
not reach an agreement during mediation, and
failed reports have been filed by the mediators;
* 7 [3.4%] mediations failed due to obstructive
behavior by one or more of the role players, i.e.
representative legal practitioner, plaintiff or
* 42 [20%] reports are still outstanding at date of
publication of this report.