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Multi-tiered dispute settlement and the introduction of Rule 41A is a significant evolution of South Africa’s legal system
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The new normal - A pandemic presenting us with an imperative to manage commercial disputes effectively. Appropriate, adaptive dispute resolution broadens the range of services a legal practitioner can deliver with the result that he/she can address a wider range of client’s needs. This is particularly important in this era of a ‘disrupted normal’. Reliance on legal mechanisms under these circumstances is akin to using a blunt instrument to perform delicate surgery.
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Meyers and Rule 41A: Some thoughts on the Protagoras Paradox and the appropriate resolution of medical negligence matters - complex medical facts must be weighed against the background of challenging legal principles and they often depend for their outcome on fine distinctions which make the result of such matters uncertain and unpredictable, which is why the alternative of mediating such disputes is worth serious consideration.