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Filter: Mediation
Why dispute resolution provisions matter in contracts

01 May 2024,  Mark le RicheMillisanté de Wee

No one enters into marriage anticipating divorce. Similarly, when parties negotiate and conclude a commercial contract, the last thing on... their minds is a dispute that may arise in future. However, just as divorce happens, so contractual disputes are commonplace. Selecting suitable dispute resolution mechanisms in your contract is therefore crucial to navigating any future disputes. In this article, we touch on various dispute resolution mechanisms available to parties involved in commercial contracts. 

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272
Article
Commercial Mediation: It’s just good business

13 October 2015

My company is often embroiled in legal battles that end in expensive litigation and drag on for many years. Legal... disputes are part of our business environment, yet it would be nice if we could resolve some of these disputes faster. I’ve heard about mediation, but am not sure if this would just be delaying the inevitable litigation to follow?

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703
Article
Commercial Mediation: The long-awaited arrival of mainstream mediation

11 June 2015

This article provides a general overview of the process of mediation, specifically in the commercial context. In the international arena,... mediation has become a primary option for parties wishing to resolve their disputes as its potential benefits outweigh lengthy litigation. In South Africa, commercial mediation is a recent development, but is well on its way to becoming an efficient and cost-effective alternative to litigation. The introduction of court-aligned mediation in the Magistrate’s Courts of South Africa adds impetus to the notion that mediation is here to stay.

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893
Article
Divorce mediation as an option

22 November 2013

The dissolution of marriage in South Africa is regulated by our Divorce Act and the Matrimonial Property Act. These acts... do not require parties contemplating divorce to enter into divorce mediation. However, our courts have recently started increasing the pressure on legal practitioners to advise their clients to enter into divorce mediation before the parties are to appear in court. This pressure is evidenced in a number of recent judgments made by our courts and reflects a growing sentiment that divorce mediation is an important step in divorce proceedings.

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732
Article

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