ADR - SchoemanLaw Inc

Business Litigation: Unpacking the Dreaded Term… Debt Collection

by Thandi Makasi | Feb 5, 2022 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Publications

It is not uncommon for businesses to sell goods or services to consumers on credit. However, once a consumer has accepted a credit agreement, they become liable for the payment of that debt, usually by way of monthly instalments. Therefore, when a consumer defaults on...

Settling A Dispute In The Middle Of An Arbitration – How Is This Different From Other Procedures In Which Settlement Occurs?

by Salome Hamman | Jul 4, 2021 | Civil Litigation and Alternative Dispute Resolution, Publications

Entering into a settlement after arbitration proceedings have commenced is not such an uncommon occurrence anymore. When a settlement is reached, the arbitrator is requested to make an award by agreement. However, how enforceable is such an award? Bidoli v Bidoli...

#COVID19 – The Understated Importance of Alternative Dispute Resolution Clauses in Contracts

by Raeesa Ebrahim Atkinson | Sep 21, 2020 | Civil Litigation and Alternative Dispute Resolution, Publications

The Covid-19 pandemic and the resulting nation-wide lockdown has tested every facet of the South African economy, its legal system and the ability of its entrepreneurs and innovators to withstand immense turmoil. With the South African legal system coming to an almost...

Mediation – is it an Alternative to Litigation?

by Ade Nyongo | Sep 18, 2019 | Civil Litigation and Alternative Dispute Resolution, Family Law, Publications

Mediation can be described as a flexible process conducted in confidentiality, in which a neutral third party actively assists parties in working towards a negotiated agreement of a dispute or difference. This article seeks to explore whether Mediation is a suitable...

Is any dispute referable to Arbitration?

by Guest Author | Aug 19, 2019 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Publications

Introduction As attorneys, we often include dispute resolution provisions in the agreements we draft for our clients. In many instances, alternative dispute resolution is a powerful way in which to resolve an array of different disputes. Advantages include: the...

Business Litigation: Unpacking the Dreaded Term… Debt Collection

Settling A Dispute In The Middle Of An Arbitration – How Is This Different From Other Procedures In Which Settlement Occurs?

#COVID19 – The Understated Importance of Alternative Dispute Resolution Clauses in Contracts

Mediation – is it an Alternative to Litigation?

Is any dispute referable to Arbitration?

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