MEDIATION & ARBITRATION

Given how terribly clogged South Africa’s Court rolls are, Mediation and Arbitration are becoming more and more prevalent as mechanisms for dispute resolution. Not everyone can effectively mediate or arbitrate – impartiality is crucial. Mediation should be a solution-seeking process and at all times remain voluntary. Courts may order Arbitration proceedings (usually when the contracts stipulate this and the contract was breached) or the parties can agree to arbitrate. The process is invariably quicker and in most instances more cost-effective.