CMA

Terms of Service

Terms of Service

Last Updated: 15 September 2025

These Terms of Service (“Terms”) govern your use of the website and services of SG Governance (“we”, “our”, “us”). By accessing or using our website or engaging our services, you agree to be bound by these Terms.
1. Use of Website

1.1. The website provides information about CMA’s mediation and alternative dispute resolution (“ADR”) services. It does not constitute legal advice or create a mediator–client relationship unless expressly agreed in writing.

1.2. You may use the website only for lawful purposes. You may not attempt to gain unauthorised access, introduce harmful code, or interfere with its operation.

1.3. We may update, suspend, or withdraw the website without notice.
2. Engagement of Mediation Services

2.1. Mediation services are provided only upon the signing of a written mediation agreement between CMA and the parties to a dispute.

2.2. The mediation agreement will specify the scope, process, fees, and responsibilities applicable to the matter.

2.3. Mediation is voluntary and confidential. Parties participate in good faith and retain the right to withdraw at any stage before settlement.

2.4. Outcomes of mediation are not binding unless the parties reduce them to a written settlement agreement, signed by all parties.
3. Neutrality and Independence

3.1. CMA mediators act as neutral facilitators, not as representatives, legal advisers, or decision-makers for any party.

3.2. Mediators may not impose an outcome, but will assist parties to identify issues, explore options, and work toward mutually acceptable solutions.

3.3. Mediators must disclose any potential conflict of interest prior to engagement. If a conflict arises, the mediator may withdraw or the parties may agree to continue.
4. Confidentiality

4.1. All mediation proceedings are private and confidential. Information disclosed during mediation may not be used outside the process, except where disclosure is required by law.

4.2. Parties agree not to subpoena mediators or CMA to testify or provide records in any legal proceedings arising from the mediation.

4.3. Exceptions to confidentiality include:
  • imminent risk of serious harm to a person;
  • disclosure required by law or court order;
  • consent of all parties to disclose.
5. Client Responsibilities

5.1 Parties engaging CMA must:
  • Provide accurate and complete information necessary for the mediation.
  • Participate in good faith and with the authority to settle.
  • Respect the role of the mediator and the confidentiality of the process.
  • Pay all agreed fees and expenses promptly.
5.2. Legal representation: Parties may, but are not required to, have legal or professional representatives present during mediation.
6. Categories of PI Collected and Processed

6.1. Fees for mediation services will be set out in the mediation agreement and may include mediator fees, administration fees, and expenses.

6.2. Payment terms will be specified in the mediation agreement. Failure to pay fees may result in suspension or termination of services.
7. Intellectual Property

7.1. The website, its design, content, and branding are the property of CMA or its licensors.

7.2. You may not copy, reproduce, or adapt website content without prior written consent, except for personal non-commercial use.
8. Limitation of Liability

8.1. CMA provides mediation services with due care and in accordance with professional standards, but makes no warranties regarding the outcome of any mediation.

8.2. To the fullest extent permitted by law, CMA, its directors, mediators, and employees shall not be liable for any direct, indirect, consequential, or special damages arising from:
  • use of the website;
  • reliance on website content;
  • participation in mediation, including failure to reach settlement.
8.3. Nothing in these Terms excludes liability for wilful misconduct or gross negligence.
9. Third-Party Links and Services

9.1. The website may contain links to third-party websites or services. These are provided for convenience only, and CMA does not endorse or accept responsibility for their content.

9.2. Where CMA engages third-party service providers to support its operations, such providers will be bound by confidentiality and data protection obligations consistent with South African law.
10. Governing Law and Jurisdiction

10.1. These Terms, and any mediation services provided by CMA, are governed by the laws of the Republic of South Africa.

10.2. Any disputes arising out of these Terms or related to mediation services shall be referred, where possible, to mediation in the first instance. If unresolved, such disputes shall be subject to the jurisdiction of the South African courts.
11. Amendments

CMA may amend these Terms at any time. Updated versions will be posted on the website with the effective date indicated.
12. Contact Information

For any queries regarding these Terms or mediation services, please contact:

Our physical address:
Commercial Mediation Africa
Office 5 Second Floor, Building B
412 Kirkness Street
Arcadia, Pretoria

Our email address:
info@commercialmediationafrica.co.za

Our Contact Number:
(012) 110 4543