Tag Archivesalternative dispute resolution

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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The Star: Assessing the merits of alternative dispute resolution

Read our feature in The Star Newspaper, published on 30 August 2018.

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Amended Alternative Dispute Resolution Regulations in the Electronic and Transactions Act

The Minister of Telecommunications and Postal Services has, with effect from earlier this month, on 10 November 2017, officially amended the regulations in respect of Alternative Dispute Resolution (ADR) in the Electronic Communications and Transactions Act No. 25 of 2002, as amended (hereinafter the “ECT Act”). These amendments have been substantially influenced by the United […]

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Court Annexed Mediation

South Africa is seeking a more cost and time effective resolution in resolving disputes. Society has become prone to institute legal action, or threaten to institute legal action, against another individual, without knowing the extent of law applicable.  As a result, the legal system in South Africa is experiencing large backlogs in case management at […]

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Further clarity on the role of the Community Schemes Ombud Service

The Community Schemes Ombud Service (“CSOS”) has been in operation since October 2016, and has since then been accepting disputes regarding sectional title schemes. The public however has not had the opportunity to gain its confidence in the CSOC completely, and I believe this will come with time. The Community Schemes Ombud Services Act No. […]

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