Best ADR Mediation & Arbitration Lawyers in Durban

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THORPE & HANDS INCORPORATED
Durban, South Africa

English
Established in 1936, Thorpe & Hands Incorporated is a distinguished law firm based in Durban, South Africa, renowned for its comprehensive legal services and longstanding commitment to client satisfaction. The firm specializes in property law, litigation, wills, trusts and estates, labour law, and...

Founded in 1994
50 people in their team
Afrikaans
English
We are a private legal practice, operating as a partnership between Mahomed Essack and Ruwaida Hansa. Mahomed and Ruwaida, aside from being partners in law, are also partners in marriage. They were admitted as attorneys on 20 December 1994 and have established long lasting relationships with...
Cullinan & Associates Inc.
Durban, South Africa

Founded in 1997
English
Cullinan & Associates Inc., established in 1997, is South Africa's pioneering specialist environmental law firm, with offices in Cape Town and Durban. The firm is renowned for its innovative approach to environmental and green business law, offering comprehensive legal services that encompass...

Founded in 2011
English
The Law Offices of Karen Olivier, located in Durban, South Africa, specializes in family law, offering expert legal services in areas such as divorce, child custody, maintenance, and protection orders. With over two decades of experience, the firm is dedicated to upholding the rights of...
Strauss Daly
Durban, South Africa

Founded in 1984
English
Strauss Daly, established in 1984, has evolved into a prominent South African law firm with a national presence, comprising nine offices and a team of 65 lawyers. The firm offers a comprehensive range of legal services, including property law and conveyancing, commercial litigation, banking law and...
Goodway & Buck Attorneys
Durban, South Africa

English
Goodway & Buck Attorneys, based in Durban, South Africa, offers a comprehensive range of legal services, including Road Accident Fund (RAF) claims, personal injury cases, commercial law, and family law matters. The firm is particularly noted for its expertise in assisting refugees and South African...
Hunter & Company
Durban, South Africa

Founded in 2021
10 people in their team
Afrikaans
English
OverviewHunter & Co. is a boutique new law firm that offers general litigation services with a focus on commercial law and family law.. Our practitioner always strives to provide truly honest and accurate legal strategies, which are custom designed to benefit our clients. The service offering...
Sthembiso Mbhele & Associates
Durban, South Africa

Founded in 2003
English
Sthembiso Mbhele & Associates, established in 2003 by Sthembiso Ishmael Mbhele, is a dynamic law firm committed to delivering professional and comprehensive legal services at affordable rates. The firm offers a full spectrum of corporate and commercial law services, including transactional and...
Thornhill & Company
Durban, South Africa

English
Thornhill & Company, located in Hillcrest, South Africa, offers comprehensive legal services across multiple practice areas, including civil law, insurance law, real estate law, and trial advocacy. The firm's attorneys are dedicated to delivering tailored legal solutions that address the unique...
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South Africa ADR Mediation & Arbitration Legal Questions answered by Lawyers

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About ADR Mediation & Arbitration Law in Durban, South Africa

Alternative Dispute Resolution (ADR), which includes mediation and arbitration, is an increasingly popular method of resolving disputes in Durban, South Africa. ADR provides a faster and more cost-effective mechanism of resolving disputes when compared to litigation. Mediation involves the assistance of a neutral third-party, the mediator, who facilitates discussions between the parties to reach a mutually acceptable resolution. Arbitration, on the other hand, also involves a neutral third-party, the arbitrator, who listens to both sides and makes a binding decision.

Why You May Need a Lawyer

While it is not obligatory to engage a lawyer in ADR processes, having legal representation can prove beneficial in many ways. Attorneys can help parties understand their legal rights, and obligations, assist in the negotiation process, draft settlement agreements and ensure that the process adheres to applicable laws. You may especially need a lawyer when the disputes involve complex legal issues, significant amounts of money or property, or in the cases where the other party has legal representation.

Local Laws Overview

The Arbitration Act 42 of 1965 and the more recent South African International Arbitration Act 15 of 2017 govern arbitration in Durban, South Africa. The court generally respects arbitral awards and will enforce them subject to certain exceptions. Mediation, even though growing in popularity, is less formalised under South African law. However, the justice department is looking to incorporate mediation more formally into the civil justice system.

Frequently Asked Questions

1. Can I appeal the arbitrator's decision?

Under South African law, an arbitrator's decision is typically final and binding, and the scope for review or appeal is very limited. Disputes regarding arbitration awards are usually around procedural fairness or jurisdiction rather than the actual decision.

2. What happens if we can't reach an agreement in mediation?

If a mutually satisfactory outcome cannot be achieved through mediation, parties can pursue litigation or arbitration, depending on what has been agreed previously.

3. How long does the ADR process take?

The duration of the ADR process depends on the complexity of the issue and the willingness of parties to reach an agreement. Compared to court proceedings, however, ADR is typically faster.

4. Is the ADR process confidential?

Yes, the ADR process is confidential. Statements made in ADR proceedings are generally inadmissible in any subsequent legal proceedings. This encourages frank and open discussions during the process.

5. What types of cases can be handled through ADR?

Almost any civil dispute can be resolved through ADR, including but not limited to contract disputes, labour disputes, family disputes and commercial disputes.

Additional Resources

The Department of Justice and Constitutional Development provides resources and guidelines for the ADR process. Mediation institutions such as the South African Medico-Legal Association and Arbitration Foundation of South Africa provide services that can be beneficial to someone in need of legal advice.

Next Steps

If you need legal assistance in ADR, it is advisable to find and consult with an experienced ADR lawyer who can guide you through the process. They can assist you in understanding your rights, represent you during the proceedings, and help ensure you obtain a fair resolution to your conflict.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.