ALTERNATIVE DISPUTE RESOLUTIONOur expertise in Corporate and Commercial Matters coupled with our emphasis on client satisfaction enables us to ensure that we provide solutions that are most advantageous to our clients. Often times ADR would serve a client’s needs to a greater extent than Litigation.
The traditional forms of Alternative Dispute Resolution (ADR) are:Negotiation – where parties engage with each other with the aim of achieving compromise. Negotiation does not typically involve any go-between neutrals and is as informal and open-ended as parties wish to make it.
Mediation – which involves the help of a go-between third party, ‘the mediator’ who assists parties in reaching some mutual agreement. The mediator simply facilitates the parties who reach a conclusion by themselves. Agreements are usually non-binding, so parties may subsequently choose to pursue litigation.
Arbitration – where an Arbitrator acts analogously to a trial judge. The parties’ grievances are heard and a decision is given, which the parties may agree to be binding.
MB v NB 2010 (3) SA 220 (GSJ)”