Tag: mediation

In the same way that prenuptial agreements are considered a necessity for many marriages, business partnerships require meticulous planning to safeguard against the consequences of potential disputes and ensure a smooth separation if the need arises. By incorporating comprehensive shareholder agreements or Memorandums of Incorporation (MOIs), businesses can protect their interests and foster fair and equitable outcomes during unforeseen conflicts.

Mitigating contractual disputes by exploring alternative dispute resolution (ADR) and arbitration in resolving supply chain disputes. The mining industry relies heavily on a complex network of suppliers, logistics partners, and transporters to ensure the efficient movement of raw materials.

Within the world of sectional title schemes, disputes can arise from various challenges tied to communal living and shared property ownership. From embracing clear communication to enforcing established rules and ensuring transparent financial management, our aim is to provide you with the knowledge and tools needed to effectively prevent disputes and cultivate a harmonious living environment within your scheme.

Choosing a real estate agent is one of the most crucial decisions a seller makes in the home selling process because the right agent can be the key to a smooth, successful transaction, while the wrong one can lead to frustration and missed opportunities.

In Kalagadi Manganese (Pty) Ltd and Others v Industrial Development Corporation of South Africa Ltd and Others (2020/12468) [2021] ZAGPJHC 127 (22 July 2021), the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation.

There are a number of unfair stereotypes regarding mediation. For example, many believe that it is only appropriate for family law disputes or that it is akin to therapy where parties are required to talk about their feelings rather than dealing with the substances of a dispute.

While the introduction of mediation into all kinds of disputes is happening slowly in South Africa, overseas jurisdictions have recognised the important role mediation has to play and the high rate of success in resolving disputes through mediation.

John Brand | Consultant | Bowmans | john.brand@bowmanslaw.com | www.bowmanslaw.com | South Africa must bridge the dispute resolution gap or risk further investor disenchantment. It is...