Practice Area

Alternative Dispute
Resolution

Litigation is not always the most appropriate or cost-effective way to resolve a dispute. I advise clients on mediation and arbitration as alternatives to court proceedings, and represent clients in both processes. ADR can save significant time and cost while achieving a durable resolution.

Discuss Your Matter
Phone
087 702 2213
Email
legal@attorneyscapetown.co.za
Services
Mediation
Arbitration
ADR Clauses & Agreements
Enforcement of Awards

Overview

Resolving disputes efficiently
outside of court

Court litigation is a necessary tool in many disputes, but it is not always the best one. It can be slow, expensive, and damaging to commercial relationships. For many disputes, mediation or arbitration offers a faster, more cost-effective, and more private route to resolution.

I advise clients on whether ADR is appropriate for their dispute and, where it is, I represent them effectively in mediation and arbitration proceedings. I also advise on the drafting of dispute resolution clauses in commercial contracts, ensuring that the agreed process is appropriate for the type of disputes that may arise.

Whether you are considering ADR voluntarily, are required to use it under a contractual clause, or are exploring it as an alternative to existing litigation, I provide clear, practical advice on the options available and the best way to achieve your objectives.

ADR
Mediation and arbitration services
15+
Years of dispute resolution experience
SA
South African and international ADR
C&I
Commercial and civil disputes

Understanding ADR

Mediation vs Arbitration

Mediation
Facilitated negotiation
  • A neutral mediator facilitates discussion between the parties
  • The mediator does not impose a decision
  • Settlement requires agreement of both parties
  • Confidential and without prejudice
  • Preserves commercial relationships
  • Flexible and informal process
  • Settlement agreement is binding as a contract
  • Typically resolved in one or two sessions
Arbitration
Private adjudication
  • A neutral arbitrator hears evidence and argument
  • The arbitrator makes a binding award
  • Award is enforceable as a court judgment
  • Private and confidential proceedings
  • Parties can choose an arbitrator with relevant expertise
  • More flexible procedure than court litigation
  • Governed by the Arbitration Act 42 of 1965
  • Generally faster and cheaper than High Court litigation

What I Handle

ADR services

Mediation Representation
I prepare clients thoroughly for mediation, advise on the strengths and weaknesses of their position, and represent them in the mediation process. Effective mediation representation requires a clear understanding of the legal position combined with the flexibility to explore settlement options creatively.
Arbitration Representation
I represent clients in arbitration proceedings from the pre-hearing stage through to the award. This includes drafting statements of claim and defence, preparing witness statements, engaging expert witnesses, and presenting legal argument to the arbitrator.
ADR Clauses & Agreements
I advise on the drafting of dispute resolution clauses in commercial contracts, ensuring that the agreed process is appropriate, enforceable, and practical. A well-drafted ADR clause can prevent disputes from escalating unnecessarily to litigation.
Enforcement of Awards & Settlements
Where an arbitration award or mediation settlement is not complied with, I advise on and manage the enforcement process. Arbitration awards can be made orders of court and enforced in the same way as judgments. Mediation settlements are enforceable as contracts.

Common Questions

ADR explained

What is alternative dispute resolution?
Alternative dispute resolution (ADR) refers to processes for resolving disputes outside of formal court proceedings. The main forms of ADR are mediation, where a neutral third party facilitates negotiation between the parties, and arbitration, where a neutral third party makes a binding decision on the dispute.
What is the difference between mediation and arbitration?
In mediation, a neutral mediator facilitates discussion between the parties to help them reach a mutually acceptable settlement. The mediator does not impose a decision. In arbitration, an arbitrator hears the evidence and legal arguments of both parties and makes a binding award, similar to a court judgment. Mediation is collaborative while arbitration is adjudicative.
Is an arbitration award legally binding in South Africa?
Yes. Arbitration awards are binding on the parties and can be made an order of court under the Arbitration Act 42 of 1965, after which they are enforceable in the same way as a court judgment. International arbitration awards may also be enforceable in South Africa under the Recognition and Enforcement of Foreign Arbitral Awards Act.
When is ADR appropriate?
ADR is particularly appropriate where parties wish to maintain a commercial relationship, where confidentiality is important, where a technical dispute requires specialist expertise, or where the cost and delay of court proceedings are disproportionate to the value of the dispute. Many commercial contracts include ADR clauses requiring the parties to attempt mediation or arbitration before litigation.
Can a mediation settlement be enforced?
A mediation settlement is a contract between the parties. If one party fails to comply with the settlement agreement, the other party can enforce it as a contract through the courts. Mediation settlements can also be made an order of court by consent, which provides a more direct enforcement mechanism.

Considering ADR for your dispute?
Get in touch today.

Discuss Your Matter