What is Alternative Dispute Resolution?

In the 1997 paper on Alternative Dispute Resolution, The South African Law Reform Commission aptly referred to ADR as appropriate dispute resolution. The textbook expansion of ADR is Alternative Dispute Resolution and it is a process that leads conflicted parties through a non-authoritarian process that builds consensus and community by applying the moral norms and social standards that prevail in the community of the disputers.

ADR encompasses mediation, arbitration and any other form of negotiation to resolve disputes between one or more parties outside of the judicial system. When you find yourself in a dispute, you and the other party can elect to make the decision yourselves with a third party assisting the negotiation and mediation process.
The other option is to let a third party review the facts, hear expert testimonies, and decide on your behalf. This is called arbitration. The parties to the dispute must agree on how it will be settled, preferably before any dispute occurs in terms of a pre-agreement in the contract that governs their dealings with each other.

This agreement helps to determine how and where disputes will be resolved and may elect the arbitrator or refer parties to the Arbitration Foundation of Southern Africa (AFSA) or the Association of Arbitrators (South Africa) (AASA), to appoint a suitable and qualified person. The agreement must also determine the venue of the arbitration and if an appeal process may be entered into.

Arbitration is the dispute resolution method of choice between commercial and construction enterprises. Greyvensteins Attorneys will represent you in the arbitration to ensure that the terms of the arbitration agreement are carefully drafted, help you to facilitate the conduct of the arbitration expediently and cost-effectively and make it difficult for a recalcitrant party from interfering with the arbitration process through the courts.

Why choose Arbitration for Dispute Resolution

Arbitration is Consensual

Parties to a dispute must agree in writing to enter into arbitration and that written agreement must include:

  • A definition of the dispute
  • The venue where the arbitration is to be held
  • The procedures and rules that will govern the arbitration
  • Who the arbitrator will be, which organisation will appoint the arbitrator or how they are to be appointed
  • Appointed powers and jurisdiction of the arbitrator
  • An assessment and determination of the costs of arbitrations
  • The confidentiality of the arbitration proceedings

Arbitration is Neutral

The law and language used in the arbitration are agreed to by both parties. This ensures that neither party to the dispute enjoys home-court advantage and arbitration is effective for domestic and international matters.

Arbitration saves Time

Arbitration is more convenient and expeditious than litigation because the parties to the dispute agree to the procedures beforehand, thus avoiding unnecessary delays and procedural risks associated with litigation.

Arbitration can be Confidential

Arbitration is confidential unless the arbitration is made into a court order, in which case it becomes a public record. Parties to a dispute agree to rules that protect the confidentiality of the information disclosed during the process, the occurrence and results of the arbitration.

The Arbitrator’s Ruling is Binding

The decision of the arbitrator is final and can also be enforced by a court of law if it is made a court order.