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Alternative Dispute Resolution

 

 A mutually desirable outcome

 In today's world of legal compliance and complex legislation, business disputes arise which are often extremely costly and protracted from a time, cost and solution point of view.

Alternative dispute resolution envisages the rules of arbitration. These may be either formal in terms of Arbitration Legislation or informal where the parties express a desire to solve their litigation issues in a speedy, informal manner. Thus, opposing parties often elect to forgo the uncertainty, costly and time consuming process of the legal system and elect between themselves to appoint an arbitrator who has almost the same powers as a judge, and to abide by his findings.

Invariably, the process works speedily and well so long as the parties are seen to apply their minds in a logical fashion, and that evidence is properly read and carefully examined. The rules of natural justice are applied in most circumstances and the proceedings are formally recorded and minuted. The opinion of the arbitrator is often used in subsequent legal proceedings if the parties still do not wish to abide by his findings and ruling despite their agreement to do so.

Cost efficiency, speed, minimal disruption to the business Mediation, on the other hand is a procedure where the parties appoint a mediator to "negotiate a settlement" on their behalf. The mediator then takes the role of a negotiator for each party. What is important to not here is that there is no judgment process - no ruling is sought - it is a final negotiated agreement that is the objective of the exercise.

We provide a unique service backed up by many years of business experience of a practical, ethical and legal nature and are thus able to act as facilitator to speedy dispute resolution on a cost effective basis.

 

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Contact

 

Horwath Leveton Boner
3 Sandown Valley Crescent, Sandown,2196
Tel: +27 11 217 8000
Fax: +27 11 217 8001
Email: info@crowehorwath.co.za

Horwath Zeller Karro
7th Floor, 5 St George’s, St George’s Mall, Cape Town, 8001
Tel: +27 21 481 7000
Fax: +27 21 481 7081
Email: hzk@crowehorwath.co.za