In today's world of legal compliance and complex legislation, business disputes arise which are often extremely costly and protracted from a time, cost and solution point of view.

Alternative dispute resolution envisages the rules of arbitration. These may be either formal in terms of Arbitration Legislation or informal where the parties express a desire to solve their litigation issues in a speedy, informal manner. Thus, opposing parties often elect to forgo the uncertainty, costly and time consuming process of the legal system and elect between themselves to appoint an arbitrator who has almost the same powers as a judge, and to abide by his findings.

Invariably, the process works speedily and well so long as the parties are seen to apply their minds in a logical fashion, and that evidence is properly read and carefully examined. The rules of natural justice are applied in most circumstances and the proceedings are formally recorded and minuted. The opinion of the arbitrator is often used in subsequent legal proceedings if the parties still do not wish to abide by his findings and ruling despite their agreement to do so.

Cost efficiency, speed, minimal disruption to the business Mediation, on the other hand is a procedure where the parties appoint a mediator to "negotiate a settlement" on their behalf. The mediator then takes the role of a negotiator for each party. What is important to not here is that there is no judgment process - no ruling is sought - it is a final negotiated agreement that is the objective of the exercise.

We provide a unique service backed up by many years of business experience of a practical, ethical and legal nature and are thus able to act as facilitator to speedy dispute resolution on a cost effective basis.

3 Sandown Valley Crescent, Sandown,2196

Tel: +27 11 217 8000

Fax: +27 11 217 8001

Email: info@horwath.co.za

7^th Floor, 5 St George’s, St George’s Mall, Cape Town, 8001

Tel: +27 21 481 7000

Fax: +27 21 481 7081

Email: hzk@horwath.co.za

22 Aliwal Street, Durban, 4001

Tel: +27 31 337 3311

Fax: +27 31 337 3312

Email: hmop@horwath.co.za

84 Balcomb Street, Stanger, 4450

Tel: +27 32 551 1111

Fax: +27 32 552 1111

Email: hmop@horwath.co.za

 

Horwath Gurugroup
"Cliff House", 1st Floor, Plot: 1278, Old Lobatse Road, Gaborone

Tel: +267 391 2805

Fax: +267 395 9638

Email: guru@gurugroup.bw