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Alternative Dispute Resolution (ADR) South Africa

Alternative Dispute Resolution by Deale Attorneys: The Time and Cost-Effective Solution to Court Litigation

Solving business conflict through court litigation has always been a traditionally time-consuming, costly, and stressful endeavour. Fortunately, disputes can still be settled formally without undergoing the expense of a trial.

Our experts at Deale Attorneys always consider Alternative Dispute Resolution (ADR) as the first possible step in any dispute and conflict resolution scenario.

An appealing option for all parties, ADR encompasses the processes of resolving legal disputes as alternatives to the traditional time consuming and costly court litigation processes.

ADR is a voluntary solution that focuses on finding creative “win-win” ways of solving problems that the parties agree and can live with.  This is unlike a court case in which the defendant is forced to put up a defence and there is a “win-lose” outcome.

Having more than 25 years of experience in dispute resolution for businesses, Deale Attorneys understands the importance of paying attention to both the legal and emotional issues which our clients are faced with in dealing with their disputes. We look for the least stressful and most cost-effective ways of getting the best outcomes for our clients.

If you need specialist guidance on resolving your dispute,  book a free ADR consultation with Deale Attorneys today , or call us directly on +27 83 375 8771.

 

What Are the Benefits of Alternative Dispute Resolution?

The common primary advantage is that ADR is usually a much quicker and less costly way of resolving disputes compared to court litigation.

It’s also more flexible because the parties can choose their mediator or facilitator. Because participation in ADR processes is voluntary, the parties are more open to exploring creative ideas to resolve their disputes. This is in contrast to a court which is limited to making decisions on purely legal considerations.

Confidentiality is another benefit afforded by ADR. It promotes a climate for constructive problem-solving– in private, and without surrendering access to litigation if negotiations do not resolve the dispute. This is particularly important where corporate and personal reputations are involved, to avoid the harmful publicity of a public litigation proceeding.

 

An ADR Process That Works for Your Dispute

ADR includes different mechanisms or processes to resolve disputes short of court litigation.

We have more than 25 years of client success in the various methods of alternative dispute resolution in business; namely mediation, arbitration, and facilitation. Clients can rely on Deale Attorneys’ ADR skills and experience to guide them through the most appropriate process for their disputes to get the best outcomes:

 

Mediation

The mediator helps parties to discuss their disputes in a controlled and safe environment to find mutually agreed solutions. The disputes usually involve legal issues, but the mediator does not decide the outcome.

 

Arbitration

The arbitrator listens to parties’ conflicting versions in a dispute and makes a decision on how it will be resolved. This is similar to a court procedure but it’s less formal, more flexible and usually much quicker.

 

Facilitation

The facilitator helps to resolve problems between people usually involving dysfunctional inter-personal or working relationships. The facilitation can be between two parties or amongst multi-parties.

 

Need help deciding the right type of ADR process for your dispute?  Book your free ADR consultation with Deale Attorneys, or call us directly on +27 83 375 8771.

 

What Are the Disadvantages of Alternative Dispute Resolution?

Alternative Dispute Resolution services are usually provided by professionals in private practice for a fee.

The parties usually agree to share the costs equally. This is unlike CCMA or court cases that the State provides free of charge.

However, the shared costs of ADR processes are usually much less than the costs of legal fees in protracted court litigation.  And the value of an ADR produced solution to a dispute far outweighs the costs of the ADR service provider.

Deale Attorneys help clients make well-informed decisions on the merits of participating in an ADR process before agreeing to do so. This includes information to make a cost-benefit analysis of whether to opt for ADR instead of court-based litigation.

 

Specialist ADR at the Executive and Senior Management Level

Deale Attorneys have special expertise in resolving disputes at executive and senior management levels.  Typical disputes involve conflict at Board level amongst Directors or between the Board and the CEO or other senior executives. The issues typically involve issues of poor performance or differences of opinion on business strategies.

 

Speak to Our South African ADR Experts at Deale Attorneys Today

With big firm experience and small firm costs, we are able to offer reasonable and flexible fee options to accommodate our client’s individual budgets.

We are pleased to offer a free initial phone or Skype consultation to understand the nature of your dispute and guide you in the right direction.

Click here to book your free ADR consultation with Deale Attorneys, or call us directly on +27 83 375 8771.


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