About us

OVERVIEW

Purpose

The Africa Centre for Dispute Settlement (ACDS) at the University of Stellenbosch Business School provides an African hub for academic research on, and the development and teaching of, dispute settlement theory and practice. By changing the dispute settlement paradigm and practice, the Centre strives to contribute to the transformation of business, society, commerce, legal practice and the administration of justice.

The Centre also has a particular focus on Africa to ensure that African heritage and values are incorporated in the development of solutions that suit African conditions.

Overall, the Centre strives towards academic excellence in research on dispute settlement in order to contribute to the international development of this particular field.

Combining theory and practice

The Centre acts as a catalyst and thought leader in transforming the theory and practice of dispute settlement. This requires an academic underpinning based on proper research, and close ties with the real world in which these practices are applied.

To stay in touch with the practice of dispute settlement, the Centre has formed a relationship with a public company, Equillore Ltd. This company, which is also a founding sponsor of the Centre, has been commercially active in the field of dispute settlement for the past ten years.

The combination of academic excellence with practical, real-world experience will enable the Centre to adopt a change agent role and alter the way in which people think and act in relation to dispute settlement.

Scope of activities

The Centre's activities include:

• Research, development and publication
• Teaching and training
• Consultation and system design
• Conferences, workshops and symposia.

WHY THE NEED FOR THIS CENTRE?

Changing the paradigm

For a considerable time now, so-called forms of dispute resolution have been applied in the field of labour and, to a limited extent, in commercial disputes. This includes negotiation, mediation, arbitration and hybrid forms of mediation and arbitration.

However, litigation has remained the mainstream and principal mechanism for addressing disputes. These mechanisms mostly remain optional, and tend to be used by only a few converts.

A significant paradigm shift is required to mainstream dispute settlement. This applies not only to legal practitioners, but also to government, business and individual litigants. Fortunately, the climate is receptive for changes to the paradigm. There is a growing awareness in both the public and private sector in South Africa and internationally that disputes ought to be prevented or settled at an early stage.

The need to reduce costs

Disputes left unattended can manifest in lost time for management and employees, the escalation in negative emotions (anger, frustration, disappointment) resulting in under-performance and a drop in productivity, a destruction of previously productive business relationships, and, of course, high direct legal costs. These factors have cost implications and can significantly impact on a company's bottom line.

CEOs and management have increasingly become aware that disputes left unattended will impact significantly on the company's bottom line, and that boards of directors and shareholders will no longer turn a blind eye to such avoidable excesses and waste.

Calling for a new approach

In the new paradigm a range of mechanisms is applied in a multi-tiered approach to prevent, manage and settle disputes. Litigation remains an essential part of the arsenal, but has now become the option to fall back on or the method of dealing with those disputes that cannot be settled in any other way.

COLLABORATION

The Centre works in close collaboration with the following:

• The Faculty of Law at Stellenbosch University: This collaboration enables the two parties to identify and manage commonalities. Currently, these commonalities lie in the field of commercial and international arbitration, which are both electives on the LLB and LLM programmes.
• The Trade Law Centre for Southern Africa (TRALAC): The Centre cooperates with this not-for-profit organisation focused on building trade law capacity in the southern Africa region, in governments, the private sector and civil society.
• USB Executive Development Ltd (USB-ED): This collaboration leads to the development and delivery of short courses on various aspects of dispute settlement.
• Equillore Ltd (founding sponsor): This collaboration allows the Centre to integrate real-world experience in its research and programmes.
• ADR Group - a leading European dispute management company is working in close co-operation with the Centre in the development of internationally recognised standards, best practise and specialist mediation training capabilities.
• Other institutions: The Centre also collaborates with other relevant institutions in South Africa and in southern Africa.

PEOPLE

• In charge: The Centre is headed by its director, Dr Barney Jordaan, professor extraordinaire at the University of Stellenbosch Business School (USB). He is aided by Advocate Dumisa Ntsebeza SC, advocate Hendrik Kotze, advocate Willie Pienaar and Gina Barbieri, practising attorney, all of whom are experienced dispute settlement practitioners.
• Governing body: The Centre's governing body consists of representatives of the USB and the Faculty of Law at Stellenbosch University, and sponsors.

• ADVISORY BOARD
• Mr Justice Chris Greenland
• Prof Dumisa Ntsebeza SC
• Prof Eltie Links
• Adv Paul Pretorius SC
• Dr Johan Strumpfer
• Mr John Brand
• Mr Andre Labuschaigne

SPONSORS AND PARTNERS

The Centre obtains its main funding from the private sector. Additional funding is generated via contract research, the presentation of courses at the Centre, and through short courses offered in collaboration with USB Executive Development Ltd (USB-ED). Additional revenue is earned through consultancy services rendered to the business community.