Mediation and Arbitration

Alim Akburally Attorneys and Conveyancers handles all mediation and arbitration services effectively and affordably. Our attorneys are equipped with the necessary expertise to act as mediators between parties and assist them in arriving at a mutually acceptable outcome. It is a helpful tool in reducing the areas of conflict between parties and can be facilitated by legal experts like ourselves.

Mediation is often a cost effective method of resolving family disputes and often results in a win-win situation for all parties concerned. We also have the expertise to act as arbitrators and in this regard we act in complex property and contractual disputes. Our offices are also very suitably equipped to conduct arbitrations. Unlike litigating in the courts of law, which are costly and time consuming, arbitrations are a cost effective and expeditious means of resolving disputes between parties.

At Alim Akburally Attorneys and Conveyancers we will act as your primary point of contact for mediation or arbitration matters and we will work closely with all parties to facilitate a suitable, fair and timely outcome for everyone involved.

Mediation and Arbitration in South Africa

In many cases, parties choose to approach the Commission for Conciliation, Mediation and Arbitration, or CCMA, in the event of a dispute. The CCMA aims to promote fair practice in the workplace and it is an independent authority that resolves labour disputes and also provides advice and training on labour relations.

The CCMA is involved in labour disputes and offers parties the opportunity to find fair and suitable solutions to a variety of labour issues. The CCMA can provide advice on obtaining legal guidance, determine dispute resolution fees, help to transform workplace forums, and resolve disputes through mediation and arbitration.

Alternative dispute resolution allows us to give our clients a variety of options to pursue the most effective means of resolving a dispute, to avoid lengthy and costly procedures. Some of these services can include arbitration, mediation, judicial appraisals, neutral fact finding, independent review, executive tribunals and more.

At Alim Akburally Attorneys and Conveyancers we also offer dispute resolution for other areas like commercial property and real estate. Although not so common, dispute resolution might often be necessary, whether it’s litigation, arbitration or mediation. In this particular industry we can assist with issues like evictions, acquisitions, construction, regulatory matters, contractual agreements, lease agreements and more.

Employment law can also be quite complex and dispute resolution is often necessary. This can deal with disputes arising from employment contracts, pension funds, unfair dismissals and more. We assist and represent companies through the process of dispute resolution for a variety of issues, aiming to find a suitable and amicable resolution for all parties involved in the dispute. We can assist with issues regarding wages, medical aid, executive incentives, benefit funds and more

Why Choose Arbitration?

Arbitration refers to a private judicial hearing, where the specific outcome will bind the parties and put an end to the dispute. In an arbitration, the relevant parties choose their own arbitrator, or they can ask to be appointed a suitable person by the Commission for Conciliation, Mediation and Arbitration (CCMA) or Arbitration Foundation of Southern Africa (AFSA). These matters are heard privately at a time and place that is agreed upon by all parties and a system is chosen that will result in a fair and private resolution in a venue that is comfortable and purpose-built for these matters. Furthermore, parties have the security of an administered system with carefully drafted Rules for Arbitration.

Without a proper system in place, parties are largely unprotected. Arbitrations will often mean that the parties rely on mutual goodwill and require each to police the other. This leaves both parties helpless if the specific arbitrator does not perform as they should. That is why institutions like the AFSA and CCMS exist. They ensure that the arbitration process is done professionally, fairly and in accordance with its rules.

Why Choose Mediation?

When parties are involved in a dispute and they need to maintain their relationship due to the presence of ongoing interests, mediation is often considered. Mediation itself is not a binding process, but once an agreement has been reached, a contract is drawn up that will keep all parties legally bound to their agreement. A mediator works to assist all parties in reaching consensus by identifying a common ground, and establishing specific needs to keep a balance between all sides. The mediator will also remain impartial throughout the entire process.

Once the parties have agreed to undergo mediation, they can either agree on a mediator or request one to be appointed to them on their behalf. Ground rules for the process will be established before the process starts. Once the mediator has heard both sides' positions on the specific matter, he or she will guide them towards a mutually beneficial agreement or resolution. The benefit of mediation is that all parties will arrive at a win-win solution, as opposed to a win-lose outcome found in adversarial processes.

Putting a mediation clause in an agreement often is not enough, which is why it is recommended that this clause makes provision for arbitration too, as a secondary resort. This is often called Med-Arb. If either party believes the dispute has become too complicated, they may choose to abandon the mediation clause, and proceed directly to arbitration.

Mediation and Arbitration Services

Arbitration has become very common in our modern times, especially when parties try to resolve a dispute or conflict. This is a great alternative to litigation, which would have been the outcome of many disputes. However, proper representation is essential.

Let Alim Akburally Attorneys and Conveyancers represent you and provide legal guidance and support when it comes to mediation and arbitration. Our team is qualified and experienced to handle matters on your behalf, with the aim of finding a suitable and fair solution for all parties involved.

For more information on our superior mediation and arbitration services, please contact us phone us directly at 031 304 0025.