Arbitrator
Mediator
Adjudicator
Contract Specialist

In choosing Arbitration both parties are in control of choosing a private dispute resolution procedure instead of going to court. The Arbitrator will make a binding decision on the dispute. Arbitration will help you obtain a fair resolution by an impartial third party chosen for the specific dispute without unnecessary expense or delay.

>20

Years

Of Experience

Mediation

Mediation is the first tier of Alternative Dispute Resolution. This should always be the first step to attempting to resolve any dispute. It is without prejudice and can either resolve the matter amicably or the parties could move to adjudication or arbitration without any harm to their rights. 


The process where participants choose a knowledgeable third party (the Mediator) to facilitate and guide them to an agreed resolution of their dispute.


Normally the participants (not called parties yet) attend without legal representation because the aim is to find a settlement and not to defend a position, but there is no rule that participants cannot be legally represented provided all attending understand the aim of mediation.

Adjudications

An agreed form of dispute resolution where the parties choose their adjudicator who then makes a Determination (ruling) based on their respective submissions. Normally this is a documents only process, but the adjudicator could call for a hearing provided it would expedite the matter and put the adjudicator in a position to make a determination relatively quickly and cost effectively. Adjudications are sometimes referred to as "rough and ready justice". It is meant to be a quicker process, to a decision that is binding but not final.

Arbitration

Arbitration is an alternative dispute resolution process. Parties would agree that should a dispute/s arise during their contract, they will either agree who would be the arbitrator or agree a mechanism whereby a third party could appoint an arbitrator to preside over their matter. The advantage is that the parties could be in control of who is appointed, the matter is dealt with privately, the arbitrator could be an expert on the dispute topic and the matter could be heard and decided timeously and cost effectively. The Arbitrator makes a binding and final award. If the arbitration is in terms of the Arbitration Act, there is no appeal unless both parties agree that it should be subject to Appeal. The idea with arbitration is to bring a dispute to finalisation.

Johan No Bckgnd
"A successful mediation is one where both participants are equally unhappy"
- Unknown


Arbitraton SA
Do I believe in Arbitration? I do. But not in arbitration between the lion and the lamb, in which the lamb is found inside the lion.
- Samuel Gompers