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Dispute resolution and Litigation
Dispute resolution is often about compromise. We are strong believers in negotiation and resolving disputes in an amicable, cost-effective manner. We actively encourage clients to negotiate, mediate and, if need be, refer disputes to arbitration as effective alternatives to litigation.
When things do go wrong and there is no alternative, we represent clients, whether as plaintiffs or defendants, in High Court, Magistrates Court, CCMA, arbitration and Labour Court proceedings. We also represent clients in disciplinary proceedings of various organisations.
We represent clients in both High Court and Magistrates Court proceedings, working closely together with expert advocates to ensure that our clients’ cases get the strongest arguments possible.
Rather than incurring the lengthy delays inherent in our court system, parties often agree contractually to refer their disputes to mediation or arbitration. Both can be very effective processes to resolve a dispute. Mediation relies on both parties’ cooperation, as the outcome is really a negotiated agreement, whereas arbitration is very similar to court proceedings, with a binding ruling handed down by an arbitrator. We assist clients through both processes to attempt the best resolution possible.
Depending on the nature of a dispute, there are a number of specialised forums to turn to. These include:
- The CCMA and Bargaining Councils for labour-related disputes
- The Small Claims Court for minor civil disputes
- The Community Schemes Ombud Service, for disputes in Sectional Title Schemes or Homeowners’ Associations
- The Rental Housing Tribunal for disputes relating to residential leases
- Maintenance Court, for disputes relating to maintenance
- Various other internal or industry-specific bodies
We assist clients with their cases in these specialist forums or, where legal representation is not allowed (which is often the case), we help clients prepare their arguments and paperwork.
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