Alternative Dispute Resolution at the Companies Tribunal of South Africa and its Potential Application to Insolvency

Published 15 March 2019 by Gillan & Veldhuizen Law Firm

Mediation and arbitration - introduction Mediation is where an independent facilitator assists the parties to reach a mutually acceptable solution to their dispute. A mediator will often assist the parties to identify the outstanding issues, evaluate priorities, agree areas of compromise and suggest potential solutions.

Arbitration is where dispute is submitted, by agreement between the parties, to one or more arbitrators who will hear representations from both sides and make a binding decision on the dispute. This process is similar to a court hearing, while effectively being a private dispute resolution procedure.

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