On 25 August 2009 the South Gauteng High Court in Johannesburg in the case of Brownlee v Brownlee held that the failure by attorneys to send a matter to mediation at an early stage should be visited by the court’s displeasure. The court limited the costs that the attorneys could recover from their clients to those that they could tax on the party and party scale and thereby deprived them of their full attorney and client fees.
"South African High Court obliges lawyers to recommend mediation,"
ADR Bulletin: Vol. 11
, Article 2.
Available at: http://epublications.bond.edu.au/adr/vol11/iss5/2