Approximately 4 400 former mineworkers instituted claims for compensation against these clients for silicosis said to have been contracted while employed in their gold mining operations. The clients were separately represented by other lawyers in the litigation. We were instructed by the two clients jointly to advise them in a contemplated mediation process, to negotiate and conclude a mediation agreement, to set up a mediation process, to appoint a mediator and ultimately to negotiate a settlement of the matter.
We negotiated and concluded a mediation agreement, appointed a UK based mediator, and arranged the mediation in South Africa. We prepared for and represented the clients in the mediation itself. The matter did not settle at mediation, but following a series of further negotiations, in which we continued to represent the clients, the matter was settled. The settlement agreements were ultimately concluded in early March 2016.