ALTERNATIVE DISPUTE RESOLUTION

Our 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.

“Mediation can produce remarkable results in the most unpropitious of circumstances, especially when conducted by one of the several hundred people in this country who have been trained in the process. The success of the process lies in its very nature. Unlike settlement negotiations between legal advisers, in themselves frequently fruitful, the process is conducted by an independent expert who can under conditions of the strictest confidentiality, isolate underlying interests, use the information to identify common ground and, by drawing on his or her own legal and other knowledge, sensitively encourage an evaluation of the prospects of success in the litigation and an appreciation of the costs and practical consequences of continued litigation
MB v NB 2010 (3) SA 220 (GSJ)”
We offer the services of experienced attorneys to assist clients with Negotiation, Mediation or Arbitration proceedings. PJ Veldhuizen is an accredited commercial arbitrator with the Arbitration Foundation of South Africa (“AFSA”). PJ and Michael Theunissen are both accredited as mediators locally through Conflict Dynamics. PJ is internationally accredited as a mediator by the Centre for Effective Dispute Resolution (“CEDR-London”).
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