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Alternative Dispute Resolution

Courts Not Always the Best Way

Even as a lawyer, I will admit that for my clients benefits of time and cost saving, sometimes the courts are not the best way to go.

Definition of Alternative Dispute Resolution

Arbitration is a form of dispute resolution which allows for a matter to be resolved outside of the courts with a tailor-made schedule of proceedings to fit the situations.

Practicalities Versus Court Cases

  • In many situations commercial realities dictate that you cannot wait for a trial date.
  • Or you justly believe that the courts are unable to understand the complex nature of the case and that you require a specialist adjudicator.
  • In such circumstances, an Arbitration may provide a fast and effective solution.
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Arbitrations may be conducted according to standard rules like those of the Arbitration Foundation of South Africa or specific customised proceedings in an arbitration contract.

In highly technical matters, an arbitrator with the right expertise can be selected by the parties.

Confidential Forum

Arbitration also provides a confidential forum for dispute resolution. Additionally, Arbitration awards may be made court orders and thus enforced.

We have expertise in the preparation of a thorough comprehensive and detailed arbitration agreement to suit your needs.

Mediation

Besides from knowing every facet of the arbitration process, we can also assist with mediation as a mediator.

Definition of Mediation

Meditation is a process whereby parties try to find common ground and enter into an agreement in a non-binding environment under the guidance of a mediator.

This can avoid even more costs and greatly reduce the time taken to resolve a case.

We can assist as that mediator, seeking to find an amicable solution to the problem for both sides before a court case or arbitration is needed.

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