Arbitration & Alternative Dispute Resolution

Zukiswa Ntsulumbane

Zukiswa Ntsulumbana

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Anele Ngidi

Anele Ngidi

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Jeffrey Kevin Berlowitz

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Nontseni Phakama

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Vusumzi Sihawu

Vusumzi Sihawu

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Juliet Mabelane

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Reshma Athmaram

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Kiki Bailey SC

Kiki Bailey SC

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Zwelakhe Mokatsane

Zwelakhe Mokatsane

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Sandra Freese

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What is Arbitration & Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) Law refers to a set of legal principles and practices aimed at resolving disputes outside of traditional courtroom litigation. Instead of relying solely on judges and juries to decide cases, ADR methods provide alternative avenues for parties to settle their disputes in a more informal, efficient, and often less adversarial manner.

Common forms of ADR include mediation, arbitration, negotiation, conciliation, and collaborative law. In mediation, a neutral third party assists the disputing parties in reaching a voluntary agreement. Arbitration involves a neutral arbitrator or panel who hears arguments and evidence and renders a binding decision. Negotiation involves direct discussions between the parties to reach a settlement. Conciliation is similar to mediation but typically involves more active involvement by the third party in facilitating communication. Collaborative law involves attorneys representing each party working together to reach a resolution without going to court.

ADR laws may encompass statutes, regulations, and court rules that govern the use of these methods, establish procedures for conducting them, and enforce agreements reached through ADR processes. These laws often promote the use of ADR by providing incentives such as cost savings, confidentiality, flexibility, and faster resolution of disputes. Additionally, ADR laws may mandate or encourage parties to attempt ADR before proceeding to traditional litigation, and they may outline the circumstances under which ADR is appropriate or required.