This is a process where the Registrar/Mediator facilitates parties in attempt to resolve or settle disputes without going to court for Trial. This process is confidential, voluntary and is without prejudice to the parties.
Whatever that is discussed during mediation is not binding unless it is agreed and endorsed by both parties. If a dispute is resolved, parties may sign a written agreement stipulating settlement terms. The agreement shall be countersigned by the registrar/mediator and shall be binding on both parties in the same manner as a judgment of the court. The settlement is of equal effect and enforcement as a Judgment.
- All parties who have their cases registered with the Industrial Court and are willing to go through this process.
- Parties upon close of pleadings may request that their case be taken for mediation before being heard in court by the Judge.
- The case may also proceed to court and through a court order, the allocated Judge may direct back the case for mediation.
- Litigants my make a request in writing for the case to be taken for Court Annexed mediation.
- The court may issue an order directing the case to go for Court Annexed Mediation.
The parties need to come prepared with copies of pleadings already filed and or any other additional documents that may assist in settling the matter.
The Registrar/Mediator may attempt to resolve dispute referred for Court Annexed Mediation within 30 days of referral. This period may be extended by agreement of parties so long as the total period agreed may not exceed 3 months.
There is no fee for this service.
For more information, refer to the Industrial Court Rules or contact the office listed below
Industrial Court of Botswana
Private Bag BR 267
Phone: (+267) 3900565
Fax: (+267) 3900567
Facebook: Industrial Court of Botswana
Opening hours: 07:30 to 12:45 and 13:45 to 16:30 Monday to Friday, except weekends and public holidays.
Additional information can also be obtained in the Rules of Court and the Trade disputes Act.