A plaintiff or applicant must
file a Rule 41A Notice indicating either his/her agreement or opposition to referral of a dispute for mediation. This notice would accompany service of the summons or application.
A defendant or respondent must file a Rule 41A Notice indicating either his/her agreement or opposition to referral of the dispute for mediation.
These Notices shall be without prejudice and shall not be filed with the Registrar of the Court.
The parties may at any stage of the proceedings refer their dispute to mediation, provided that leave of the Court is necessary if the hearing of the matter has commenced.
A judge or Rule 37A case management judge may in terms of Sub Rule (3)(b) direct parties to consider referring a dispute to mediation.