Dispute Settlement Centre
A little known fact is that the Cape Chamber of Commerce was formed in 1804 to help resolve disputes between ships captains and local merchants. Over 200 years later, the Chamber continues to enable business through effective, non-partisan dispute settlement.
All indicators point towards Alternate Dispute Resolution (ADR) playing a growing role in the traditional litigation process in South Africa and organisations in both the public and private sectors need to gear up for the new legal paradigm.
The King III Report on corporate governance places a fiduciary duty on management to consider the use of ADR, in particular mediation, before deciding to litigate. In addition, the Medium Term Strategy of the Department of Justice gives a clear indication that government intends applying mediation to reduce the backlogs in courts. Internationally, many of SA’s trading partners, as well as institutions such as the World Bank and International Finance Corporation, use and promote the use of mediation for resolution of commercial disputes, including investment-related ones.
ADR saves time, money and can also repair fractured relationships. Contact the Chamber today to start the process.