Mediation is a voluntary and flexible process whereby parties are assisted by an independent and impartial person selected by the parties, called a mediator, to resolve their dispute by agreement between the parties.

Everything disclosed at mediation is private, confidential and without prejudice to encourage the parties to disclose their needs, interests and concerns in order to facilitate an agreed settlement.

The mediator controls the process at a mediation but takes no decision that is binding on the parties, makes no value judgment as to the strength or weakness of the respective cases of the parties and gives no legal advice to the parties.


60% to 90% of disputes are settled by mediation conducted by a well trained and experienced mediator.

If settlement by mediation is attempted when the dispute arises before the commencement of court litigation, much cost and time may be saved by both parties.

Unlike court litigation, where there is always a winner and a loser, mediation focuses on the needs, interests, fears and concerns of the parties to generate dispute resolution options aimed at maximising the mutual benefit to the parties.


Put the model dispute resolution clause of ADR Forum in your contracts providing for future disputes to be resolved by mediation and arbitration according the ADR Forum rules of mediation and arbitration.

The parties to an existing dispute may agree to submit their dispute to mediation according to the ADR Forum rules of mediation by entering into an agreement to mediate according to the standard from agreement to mediate of ADR Forum.


Settlement by mediation should be attempted as soon as possible after the dispute has arisen and before the commencement of court litigation.

The parties to court ligation may at any time prior to judgment agree to stay the litigation pending their attempt to resolve their dispute by mediation according to the ADR Forum rules of mediation and arbitration, and if the dispute is settled, make the settlement an order of court in the stayed court proceedings.

Nothing in the rules of the High court of Namibia prevents parties to refer their dispute to private mediation before a mediator of their choice who does not have to be a court accredited mediator.