Dispute Resolution

Dispute Resolution News & Insights

This section examines dispute resolution rules, legislation and procedures, as well as matters which have been resolved through negotiation, mediation, arbitration, collaborative law and litigation.


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Exceptions in litigation proceedings

Litigation is an acrimonious procedure, whereby parties either try to finalise a matter as soon as possible, or they cause undue delays by dragging out the proceedings. If a summons or a pleading has an inherent defect, a party may raise an exception, the objective…
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With(out) prejudice

What is the purpose of marking correspondence “without prejudice”? The general position is that without prejudice correspondence is inadmissible in court. The term “without prejudice” means...

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