Arbitration and ADR
Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. This is a developing field in Africa, and there are exciting regional opportunities in the SADC area of developing ADR opportunities.
Arbitration is a process similar to an informal trial where an impartial third party hears each side of a dispute and issues a decision; the parties may agree to have the decision be binding or non-binding. An arbitration has certain benefits such as confidentiality. It can also be more expeditious than a trial in the local courts. Arbitration does however attract certain additional costs, since the parties have to pay for the arbitrator, venue and stenographer.
Mediation is a collaborative and voluntary process, where a mediator works with the parties to come to a mutually agreeable solution; mediation is usually non-binding.
Samantha is an accredited mediator in terms of the Mediation Protocol, her specialised website on mediation Memoire Mediation found at www.memoire-mediation.co.za discusses this at length.
