Arbitration & Mediation
No one wants to go to court, it is time-consuming and expensive to battle out a legal dispute in court.
Arbitration and mediation allow a less formal way to settle a dispute. There is quite a large difference between the two which needs to be understood first.
Mediators do not issue orders, find fault, or make determinations. Instead, mediators help parties to reach a settlement by assisting with communications, obtaining relevant information, and developing options. In essence it is a negotiation with the assistance of a neutral third party.
Arbitration is when both parties are given an opportunity to present their cases to the arbitrator. Much like a regular court proceeding, lawyers can also question witnesses from both sides. The arbitrator has the power to render a legally binding decision which both parties must honour and the award is enforceable in courts. In essence, it is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal.
We at Steenkamp offer both representation in such cases, assistance and guidance. We also lead arbitration cases.