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Filter: Dispute resolution
Is arbitration a good option for solving legal disputes?

14 December 2021

Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?

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185
Article
Can you force a party to mediate a dispute?

14 July 2021

I have a growing dispute developing with a service provider and it looks like it may head to court. However, with delays and costs of litigation, I was wondering whether the option of mediation is not a better alternative. But can I force the other party to use mediation rather than going to court?

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308
Article
Disclosure of medical records vs the right to privacy

14 June 2021

A client recently fell over boxes standing in the aisle in my store. He is suing me for damages claiming that the head injuries he sustained from the fall resulted in him being fired from work. I’ve heard from another source that he was dismissed because of a history of alcohol and drug abuse and that he has been in and out of rehabilitation. We’ve requested access to his medical and psychological reports, but his attorney refuses claiming medical privilege. Surely, this cannot be ri...

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180
Article
Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

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284
Article
What does the new minimum earnings threshold mean for employers?

16 April 2021

I noted recent media reports that indicated that a new minimum earnings threshold for employees has been promulgated. Is this correct and what does this mean for business owners?

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151
Article
Prescription and surety don’t always play well together

06 January 2021

Our company is owed money by one of our contractor companies who we helped with finance and provided us with personal sureties by the shareholders as security for the transaction. They have been making promises that they will pay for some time and we left it, but now we are getting worried about prescription. We are also unsure whether if we act against the sureties, prescription will be halted for the contractor or may continue and we lose our claim against the company itself. Can you advise?

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105
Article

Antenuptial Contract

An Antenuptial Contract is an important aspect every bride and groom should consider before saying "I do".

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Antenuptial Contract

An Antenuptial Contract is an important aspect every bride and groom should consider before saying "I do".

CONTACT US