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Alternative dispute resolution (ADR) is a collective term for methods used to resolve disputes outside of the formal court system.
Litigation is often expensive, stressful, and not guaranteed to achieve your desired outcome. Our ADR methods—including mediation, arbitration, and negotiation—can help you avoid the high costs and formality of lengthy litigation processes.
Why endure the stress of a court case when we can negotiate a successful and satisfactory dispute resolution on your behalf?
Book your free 20-minute telephonic consultation today to start the process!
Mediation, arbitration and negotiation are three distinct yet connected means of conflict or dispute resolution.
Negotiation is the primary tool for parties to manage and resolve conflict, and it often forms the foundation of mediation or arbitration outcomes. It is an informal process where parties try to reach an amicable agreement by themselves.
Mediation involves a neutral mediator who helps the parties find a mutually acceptable solution. The mediator does not, however, make the final decision, meaning mediation itself does not produce a binding resolution.
Arbitration is a dispute resolution technique where a neutral third party makes a decision to resolve the conflict on behalf of the parties, and this decision is usually binding.
Before arbitration, parties typically first attempt to settle disputes amicably through negotiation or mediation.
Negotiation is often the first step in dispute resolution. This informal process involves the parties communicating with one another to find common ground and hopefully resolve their differences without a third party.
Should direct negotiations reach a stalemate or prove too challenging, mediation is often the next step and has become an increasingly essential tool in both civil and family law.
Mediation is a voluntary, confidential and structured process where an impartial third party helps facilitate dialogue and assists the parties in reaching a mutually acceptable, non-imposed settlement.
Finally, if mediation is unsuccessful, parties may proceed to arbitration, a more formal, contract-based process. In arbitration, a neutral arbitrator or panel hears evidence and arguments before issuing a final and legally binding award that is enforceable as a court judgment.
ADR stands for alternative dispute resolution. It includes methods of dispute resolution such as negotiation, mediation and arbitration.
ADR methods such as mediation and negotiation are faster, less formal and less adversarial than litigation. With mediation, disputes can be resolved without lengthy, expensive court battles that can have a detrimental and irreversible effect on relationships.
Both involve a neutral third party, appointed to help resolve a dispute. In mediation, the mediator doesn’t make the final decision. In arbitration, the arbitrator makes the final and legally binding decision.
Most types of legal cases in South Africa can benefit from mediation. These cases may include family disputes (including divorce), contractual disagreements, labour or workplace disputes, personal injury claims, negligence claims, community disputes, property-related conflict and more.
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