Alternative Dispute Resolution

01 Apr 2020

Has your lawyer informed you about Mediation?

Legal Practitioners have recently been turned away from the High Courts when requesting their Summonses and Applications to be issued by the Registrar, not because of the COVID-19 epidemic, but because their papers did not contain a newly introduced annexure, referred to as Form 27. Form 27 and its associating Rule, Uniform Rule 41A, were gazetted on 7 February 2020 and came into operation on 9 March 2020. The Rule requires that individuals consider whether their legal dispute can be resolved through Mediation before approaching Court. What is Mediation? Mediation is a voluntary process which allows parties to a dispute…

19 Oct 2015

By Mame Amoateng

Redflag provisions in the South African Arbitration Act may hinder swift and efficient arbitrations

In recent years there has been increased reliance on use of arbitration to resolve commercial disputes. The hallmark of arbitration is that it enables the parties to a dispute to determine the manner in which the parties will attempt to resolve the dispute, including the rules and duration. In South Africa arbitration is particularly attractive because courts are inundated with cases. Litigants often have to wait months or even years before a matter goes to trial. When a matter is eventually tried it involves a formal, rigid, lengthy and costly process. In courts, litigants have a right, amongst others things…