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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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In this article, we explore new areas of practice, with reference to the practice area of Dispute Resolution found in the Lexis Practical Guidance Practice module.
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Representing and advising clients in a mediation process – a new practice area for legal representatives. Mediation Advocacy is the technique of strategically presenting a client’s position, needs and interests in a non-adversarial way, and in recognizing that the negotiated outcome to a dispute is usually more flexible, satisfying and sustainable than an order imposed by a court or other tribunal.
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Business owners need to be aware of all the options and implications thereof, at their disposal when resolving disputes – when they start their business. As its future survival could depend on the resolution of such disputes.
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South African courts are willing to enforce any valid foreign arbitral award involving international or cross-border commercial disputes, as regulated by the International Arbitration Act 15 of 2017, on the same basis as a High Court judgment.
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In Zingwazi Contractors CC v Eastern Cape Department of Human Settlements and Others [2021] 4 All SA 299 (ECG), effect of a counterapplication on a determination order in a building contract dispute which provided for a binding resolution by way of settlement, adjudication, arbitration, and mediation.
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Covid-19: Mediation between landlords and tenants – a critical tool now? Using mediation to resolve disputes could prove to be more efficient in the long term, and our economy might depend on it.
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Legal practitioners are creatures of tradition and certainty. They prefer all rules to be codified and all legislation to be clear. They yearn for certainty and frown upon ambiguity within contracts, laws and especially legal proceedings. Thus there is a call for the codification of video conferencing, through video links, within the Uniform Rules of Court.[2]
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In Samancor Holdings (Pty) Ltd and Others v Samancor Chrome Holdings (Pty) Ltd and Another [2021] 3 All SA 342 (SCA), s 8 of the Arbitration Act allows for the extension of a time-barred period for initiating arbitration proceedings, where a court is of the opinion that in the circumstances of the case, undue hardship would otherwise be caused.
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Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. In this respect it is often seen as being the online equivalent of Alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.