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Filter: Dispute resolution
Mediation now an option in Magistrate Court matters

26 July 2023

Mediation has for a number of years been a viable option for litigants in the High Court to attempt to... speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Magistrate’s Court Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the Magistrate’s Courts and specifically includes mediation as an option for parties involved in litigation. 

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Settle your dispute with a settlement agreement

28 March 2023

In dispute resolution matters, the settlement agreement has become an important tool to cut short protracted conflict and litigation and... for parties to agree to a full and final settlement of their dispute. In this article, we explore in a bit more detail how and when a settlement agreement should be used to settle a dispute.

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The importance of mediation, adjudication and arbitration in construction disputes

20 October 2022

Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred... to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.

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Article
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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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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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 right, particularly if these can prove that there were other factors leading to his dismissal?

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