We assist in: –

ADR is a set of negotiation instruments to assist in resolving and settling matters outside of the Court.

  • Negotiation
  • Mediation
  • Arbitration
  • Adjudication
  • Litigation

Negotiation

Negotiations is the fastest and most costly effective dispute process whereby two parties agree to a solution between the parties.

This process however depend on the parties attitude and willingness to resolve the dispute.

Mediation

Mediation is the second tier dispute process, almost similar to negotiations, however has a firm set of rules which must be adhered to.

Mediation is also officiated by an independent third party agreed to by the parties who will assist in resolving the dispute for a price [remuneration].

Mediation is thus more costly and is also not Court Annexed.

Arbitration

Arbitration is a voluntary procedure adopted by parties in a dispute, whereby the dispute is submitted to a impartial nominated third party who has to determine, on the merits of the dispute, a balances and impartial award to resolve the dispute; this process is to avoid litigation in Courts which takes years and is always very costly.

It must be noted that an award made by the arbitrator is not Court Annexed [a Court Order], but parties can agree to have such an award be made an Court Order.

Drafting, perusing and interpreting of arbitration applications and or awards are a specialised field and the advice of an attorney with experience in this field is advised.

Adjudication

Adjudication has largely embraced adjudication as a ADR procedure whereby the parties agree to confer jurisdiction on the adjudicator to resolve dispute [Coulson 20007].

Adjudication is also a standard procedure contained in construction contract e.g. JBCC, GCC, FIDEC and more…

Drafting, perusing and interpreting of adjudication applications and or awards are a specialised field and the advice of an attorney with experience in this field is advised.

Litigation

Litigation is where a dispute is referred to the Courts with jurisdiction in the matter.

Litigation involves attorneys, advocates and expert witnesses.

Litigation is expensive and can take years if the parties do not compromise or settle the matter.

Drafting, perusing and interpreting of Court Actions and or Applications are a specialised field and an attorney with experience in this field must be consulted.