Dispute Settlement

Early settlement of differences is critical not only in terms of reduction of risk and cost savings, but also in terms of the maintenance of ongoing business, community, workplace or inter-personal relations. A number of processes are available for this, including dialogue, negotiation, mediation, fact-finding, relationship building initiatives, expert opinion, etc. The ACDS offers skills training and consulting services that covers the full range of dispute settlement options. We also equip parties with the knowledge and capacity to resolve their differences and build productive business, workplace and community relationships.

Dispute Resolution

If disputes cannot be prevented or settled at an early stage by those directly involved, consensus-based processes such as facilitated negotiations, conciliation and mediation, or non-binding processes such as advisory arbitration, are recommended. These processes require that the disputing parties hand over control of the process of dispute resolution to a neutral third party, but still leave the final outcome firmly in their own hands. Only if those fail, should arbitration and litigation be resorted to for a final and binding solution. In this event, however, both the process and the final result are taken away from the parties. The ACDS can advise parties in a dispute on the most appropriate and cost effective way of resolving it.

Alternative dispute resolution

Alternative dispute resolution, or 'ADR', is well-known to those involved in the resolution of employment disputes. Increasingly, however, both in SA and internationally, ADR processes are being used in disputes in the civil and commercial, cross-border (trade or investment), environmental and natural resources areas.

ADR includes mediation and arbitration as well as hybrid forms such as arb-med and med-arb, early case evaulation, mini trials, etc. The ACDS believes that, ideally, consensus-based process such as negotiation and mediation should become part of the mainstream and not 'alternatives' to litigation. Rather, litigation should be used as the alternative if consensus-based processes are unsuccessful. 

 

 

'Speak in anger and you'll make the best speech you'll ever regret' - Anon