Alternative dispute resolution

Arbitration in terms of s 12B of the Petroleum Products Amendment Act

By Deon M Pool The pursuit of power. How to get it, keep it, and use it, have been central questions of politics, business, military strategy, and human relationships for […]

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Is mediation the answer in the time of COVID-19?

Under the recent and ongoing COVID-19 lockdown conditions many court cases have been halted only to be entertained at unknown later dates, understandably in adherence with relevant directives, which have […]

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Apply to be on the LSSA arbitrators/mediators’ panel

By Nomfundo Jele The Law Society of South Africa (LSSA) regularly updates its legal practitioner panel of arbitrators, mediators and experts, which is used as its primary source when the […]

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What is the ‘law of the land’ when dealing with hearsay evidence during arbitration proceedings

Exxaro Coal (Pty) Ltd v Chipana and Others (LAC) (unreported case no JA161/17, 27-6-2019) (Coppin JA (Murphy and Savage AJJA concurring)) In the recent judgment of Exxaro Coal (Pty) Ltd […]

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The challenge of mediation between parties with different world views

By JP Venter In mediation, parties endeavour to reach some common ground to resolve their disputes or conflict. One assumes that by getting parties together around the same table, that […]

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Resolving divorce disputes through a collaborative process

By Clement Marumoagae The promulgation of the Jurisdiction of the Regional Courts Amendment Act 31 of 2008 had the effect of ‘eradicating’ Divorce Courts, which were subsumed into regional magistrate’s […]

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Mediation: A perfect solution to health care disputes

By Marietjie Botes Mediation as an alternative form of dispute resolution received renewed attention with the court-annexed mediation rules being piloted at various magistrates’ courts around South Africa and already […]

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Court-annexed mediation: Should it be embraced by the legal profession?

By Benjamin Charles van der Berg 1 December 2014 marked the advent of court-annexed mediation in magistrates’ courts. The magistrates’ courts involved in this pilot project are seated at Johannesburg, […]

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Courtroom of the future – virtual courts, e-courtrooms, videoconferencing and online dispute resolution

By Izette Knoetze The future of the courts is greatly dependent on technology and how technology can improve their functioning. According to Jeff Aresty (‘State Courts and the Transformation to […]

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Facilitative mediation

Seeing more than the tip of the iceberg By Lieselotte Badenhorst The practice of ‘legal’ mediation has – for many years now – been widely accepted in the United Kingdom […]

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