Adv Jacques Joubert

Independent Mediation Analyst

Commercial Mediator



Woza Mediation South Africa Blog!

Goethe, the San and the art of listening - transforming dispute resolution...

Wednesday, 27 May 2015
The Bushmen or San are the closest relatives of the people that first walked the earth. A few months ago I experienced a powerful demonstration of listening by their leaders...
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Cross-examination, different strands of truth and the advantages of mediation..........

Tuesday, 16 December 2014
Some time ago I acted pro deo – instructed by the state but literally meaning for God - for a client who was on trial for murdering his victims with...
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One foot in the front door for mediation in the civil justice system.....

Tuesday, 23 September 2014
On 1 December 2014 mediation gets a foot in the door of the civil justice system when court-annexed mediation kicks off in South Africa. Following on the international trend in...
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Latest news on court-annexed mediation - read all about it....

Tuesday, 10 June 2014
 The Department of Justice launches the first phase of court-annexed mediation on 1 December 2014 with pilot programmes at 36 magistrate courts across the country. Mediation clerks, employees of the...
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When an apology sets the tone to resolve the material aspects of a dispute......

Monday, 07 April 2014
For commercial mediators it's obvious that commercial interests such as the need to make a profit, are the most important incentives for the parties to settle, in the context of...
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Neuroscience, hunter gatherers and settlement barriers.....

Wednesday, 19 February 2014
  In his book, The Science of Settlement: Ideas for Negotiators, Barry Goldman argues that heuristics (mental shortcuts or what we believe to be common sense) remain hardwired into our...
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Judicial activism and court-annexed mediation required to kickstart mediation in South Africa

Thursday, 30 January 2014
The Minister of Justice has finally signed the new Mediation Rules for Magistrates Courts.  I argue below that it will be litigation as usual at Magistrates Courts, without judicial activism...
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The tools used by mediators to ply their trade with a little help from the FBI.......

Wednesday, 22 January 2014
 “One of the best ways to persuade others is with your ears – by listening to them.” Dean Rusk. Active listening is a core skill for mediators and mediation also...
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Mediation overcomes selective attention in the insurance industry...

Tuesday, 03 December 2013
Before turning to the specifics of Andre Visser (not his real name), a Fitter and Turner who woke up one morning to find he had lost sight in one of...
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Packing bags for an Arms Race at Cape Town Station....

Wednesday, 20 November 2013
Civil litigation has become an arms race, says the Nobel Laureate economist Joseph E. Stiglitz  in his book, The Price of Inequality: “The legal framework is supposed to make our...
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