Alternative dispute resolution

Arbitration

In a constantly evolving society where there is a perpetual drive to enhance processes and explore new alternatives, we are offering an alternative to traditional drawn-out litigation proceedings through the courts through arbitration and mediation.

Arbitration in general not only provides a more expeditious resolution of disputes than the traditional court process, but allows disputes to be settled more efficiently, reducing the time and expenses typically associated with conventional methods and thereby benefiting all parties involved.

When concluding business relationships, we also ensure that the necessary arbitration clauses are inserted in commercial agreements. By doing so, our clients can take full advantage of the arbitration process, benefiting from its efficiency and cost-effectiveness.

We not only represent our clients in arbitration proceedings, but one of our attorneys is also a fully qualified arbitrator and a Fellow of the Association of Arbitrators (Southern Africa) who is available to preside in arbitration proceedings.

Mediation

Another dispute resolution mechanism is mediation, which involves the use of a neutral third party (a mediator) to facilitate negotiations between parties to assist them in reaching a solution to their dispute.

A mediator, unlike an arbitrator, does not make a ruling or finding on a matter and make no decisions – it merely facilitates negotiations between disputing parties.

The mediator will typically meet with the parties, explain the mediation process and invite information about the dispute and the respective parties’ interests and needs. This is then followed up by negotiations between the parties in one or more sessions, during which the mediator will endeavour to assist the disputing parties in identifying common interests and common ground and explore options for resolving the dispute between them. Once an agreement is reached, the same is normally incorporated in a settlement agreement facilitated by the mediator.

Two of our attorneys have completed commercial mediation courses and are available to act as mediators in resolving clients’ disputes.