Mediation v Arbitration: What is the difference? Part 1

A common trend in commercial contracts is the inclusion of a mediation and/or arbitration clause. As a general point of departure, these clauses require the parties to the contract to refer any dispute arising from the contract to mediation as a first step. Should the mediation process be unsuccessful, these clauses then require that the […]

Arbitration series – Part One: What are the benefits of arbitration?

There are different forms of arbitration. PAA Ramsden enunciates there being consensual arbitration, statutory arbitration (such as the Labour Relations Act 66 of 1995), court-directed arbitration, ad hoc arbitration, institutional arbitration, documents-only arbitration, fast-track arbitration, ex parte arbitration, and multi-party arbitration. All these different forms, according to arbitration proponents, have their own advantages, especially when compared to litigation. In general, these advantages are: Speed/Saving Time  Arbitration is usually quicker in bringing resolution to a dispute than litigation. The primary factors, in this case, being lengthy delays […]

Arbitration series – Part one: What is arbitration?

Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act does not provide for a definition of arbitration. Butler and Finsen in their book, Arbitration in South Africa Law and Practice, provide the […]