Remember to listen to the other party and not be angry or frustrated, as this is unlikely to result in a deal. They should not feel threatened or afraid to make proposals. The Ombudsman is there to ensure that every person is heard and respected. In examining the content of the agreement and the circumstances in which it was served, the Court refused to upheld the withdrawal appeal and, in particular, to sanction the terms of the settlement agreement by a court order. The court held that, while the tradition of injunctions for court settlement agreements was strong in our legal system,[1] a court should not act mechanically when it comes to making a settlement agreement a court order. A court may only make an order that is “competent and lawful” and in accordance with the Constitution and the law, and, as such, it must relate, directly or indirectly, to the issues in dispute between the parties and, moreover, cannot be challenged, both from a legal and practical point of view, its provisions must be in conformity with the Constitution and the law[2]. Each party is able to arrange mediation. If you decide to try mediation, you should speak to the court`s mediation unit. You can contact them through CourtSA at (08) 8204 2444 or by e-mail mediation@courts.sa.gov.au or send a letter to: You cannot force anyone to participate in the mediation.

They have the right to refuse mediation without affecting the outcome if the case is brought before the courts. If they refuse, the mediation unit will inform you that they do not wish to participate. In the recent Constitutional Court decision between Buffalo City Metropolitan Municipality (“BCM”) and Asla Construction (Pty) Ltd (“Asla”), in the main and minority judgments, the judgments of Theron J, on the one hand, and Cameron and Froneman J, on the other, were particularly devastating in terms of the way in which the parties to the review proceedings had approached the courts. At a late stage of a procedure with a settlement agreement, in the hope that the Court of Justice, in the context of the settlement of their respective disputes, would sanction them and that the case would be closed on that basis. . . .

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