Arbitration as a method of dispute resolution – Part I
Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act does not provide for a definition of arbitration. Butler and Finsen in their book, Arbitration in South Africa Law and Practice, provide the following definition of arbitration, stating that, “[a]rbitration is a procedure whereby the […]
So you thought you were safe?
“Without prejudice” disclosures (typically published in a hostile or litigious environment) are generally seen as an opportunity to be completely candid with an opponent in legal or contemplated legal proceedings without fear of jeopardising one’s case or risking any disclosure emerging in an open or court environment. Indeed, statements made and letters written without prejudice […]
I’ve experienced unfair discrimination, what now?
Being the victim of discrimination is never pleasant, but actions can be taken if you believe that you are a victim of unfair discrimination or hate speech. A complaint can be lodged at any of the designated equality courts. Who can go to the equality court? The following people can institute proceedings: Any person acting […]
Can I sue someone if they insult me?
Being insulted by another person can be hurtful, embarrassing and damaging. Much of the time we’re told just to develop a thicker skin and move on, but what if the insult is an attack on you or your ability as a person? When it goes this far, it can be considered defamation. When is it […]
Why alternate dispute resolution (ADR) is so important
Disputes and hostilities are regrettably a part of life and more so a part of commercial and business interactions. Many disputes can be foreseen / foreshadowed if one knows what to look for and when, but whether foreseen or not, once they arise, can in many instances be managed with a view to avoiding litigation. […]