Staff Reporter
DESPITE the brief interruption in mediation hearings last year, all mediation cases were handled by the end of the 2021 legal year with a 52,5% success rate, resulting in no backlog and saving various High Court litigants at least N$38 million.
This is according to the 2021/2022 Annual Report of the Office of the Judiciary, which revealed that the court expected a backlog of mediation cases last year. The backlog was expected because mediation at full capacity was hindered between April and August 2021 and all mediations stopped between June and July 2021.
However, the report added, all mediations proceeded again on 9 August 2021 and were cleared between August and November, resulting in no backlog at the end of the legal year on 17 December 2021.
The report revealed that a total of 1 049 mediations were scheduled in the main division for the 2021 legal year. Of these, 326 were cancelled, 343 failed and 380 were successful.
This represents a 52,5% success rate, which is a decrease from the 67% success rate of the previous legal year. The 2020 legal year also saw less mediations (1 023) and less cancellations (152).
“During 2020, most of the cancellations were necessitated by the State of Emergency. During 2021, however, although Covid-19 restrictions also played a role, most cancellations were as a result of the parties’ non-compliance to the prescribed timelines contained in the Court orders,” the report reads.
The report also revealed that the revenue expense for 2021 mediations amounted to N$1 812 786. However, the success rate for the 2021 legal year saved several High Court litigants 1 520 court days and at least N$38 million in total.
