Dispute resolution procedures are effective alternatives to costly and drawn-out litigation. The most common of these are arbitration and mediation. Our dispute resolution lawyers can assist you in these matters.
Alternative dispute resolution, or ADR law, is encouraged for mediation and other cost-effective dispute resolution and prevention techniques in commercial and public-sector dealings.
It would be best if you made provision in all your agreements to resolve any dispute, disagreement, or claim arising between the parties concerning that agreement. The parties should try to negotiate the matter with the help of dispute resolution lawyers. With the assistance of dispute resolution lawyers, one party then invites the other in writing to meet and attempt to resolve the dispute within seven (7) days from the date of the written invitation.
The parties agree to refer the dispute to a dispute resolution committee that may include the chairman or a nominated non-executive director of each of the parties. The obligation to refer to such a committee should be binding. Each committee member will have a single vote, and the procedure will be subject to appropriate time restrictions. The decision of such a committee will not be binding upon the parties.
Suppose the parties can’t resolve the dispute on this basis. In that case, such a dispute, difference or question will be submitted to and determined by mediation or arbitration facilitated by dispute resolution lawyers.
Mediation is a voluntary procedure where the parties jointly appoint an impartial third party to assist them in arriving at an agreed resolution of the dispute, particularly when they wish to maintain an ongoing relationship. The decision of such a mediator will not be binding upon the parties.
Arbitration is when the parties jointly appoint an impartial third party to resolve the dispute between them following their legal rights. The most important feature of arbitration is its consensual basis, which makes it an exceptionally flexible procedure. Therefore, the parties can adapt the process, considering the nature of the dispute and the amount at stake.
The Arbitration Foundation of Southern Africa is among the many organisations that facilitate the running of arbitrations. On the other hand, the London Court of International Arbitration and the International Chamber of Commerce administer international disputes.
Contact our team of dispute resolution lawyers to assist you with any matter subject to ADR law.