Civil Litigation and Alternative Dispute Resolution

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Mediation – is it an Alternative to Litigation?

Mediation can be described as a flexible process conducted in confidentiality, in which a neutral third party actively assists parties in working towards a negotiated agreement of a dispute or difference. This article seeks to explore whether Mediation is a suitable alternative to Litigation. Disputes in Civil Proceedings: Disputes in Civil Proceedings are commonly viewed […]

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Is any dispute referable to Arbitration?

Introduction     As attorneys, we often include dispute resolution provisions in the agreements we draft for our clients. In many instances, alternative dispute resolution is a powerful way in which to resolve an array of different disputes.   Advantages include: the confidentiality of the process, often being less formal, and it is generally faster […]

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Public Money – are the rules being “bent” to serve a specific narrative?

Introduction As South Africans, we are currently living in the reality where we hear of misappropriation of public funds, gross mismanagement in the public sector and of flawed procurement processes, almost daily. Words like “state capture” and “corruption” have become part of our lives. The problem is that what is at the core of the […]

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Can sureties escape liability?

Introduction In a difficult economy, it is seemingly more and more common that commercial agreements require a personal surety from one or more of the directors of a company and often that friends or family seek the assistance of someone to act as surety for credit agreements. Often person’s don’t understand the implications of agreeing […]

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Class Action

Unpacking the Mandament of Spolie

Introduction   The mandament van spolie (also known as the spoliation remedy, or the mandament) is an ancient remedy available to any person who is dispossessed unlawfully without a court order, or authorizing legislation for the dispossession, or consent.  Very basically, there are (generally speaking) two requirements that a dispossessed person needs to prove in order […]

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