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Dispute Resolution

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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.

To mediate or to litigate? That is the question!

Litigation is often the first route that parties take when a dispute arises. It is often pursued when it is evident that the other party does not wish to co-operate and litigation thus ensures that the matter is adjudicated. The decision of the court binds the parties.…

Provided By SchoemanLaw Inc

by Gabriella Keeble

Civil litigation- Security for costs

What are the legal implications of the enactment and implementation of the Companies Act 71 of 2008 in relation to a security for costs order...

by Shepstone Wylie Attorneys

Set it off: Postponement of a final winding up order pending the determination of a counterclaim

Rule 22(4) of the Uniform Rules of Court affords a defendant who has filed a counterclaim against a plaintiff the right to request the postponement...

by Mongezi Mpahlwa and Camille Kafula

Possible demotivating factors for COVID-19-linked medical negligence/malpractice cases

During the first wave of infections in South Africa, there were several allegations of negligence in various institutions leading to “mass infections”, for example, amongst others, the Saint Augustine Private Hospital incident in KwaZulu-Natal, Durban. In …

Provided By Adams & Adams

by Mtho Maphumulo

A self-help guide to the CCMA

What you need to know when headed to the CCMA Every employee has the right to fair treatment and should not be unfairly dismissed or subjected...

by Legal&Tax

The fine line between negligence and poor performance

Introduction Gross negligence is a form of misconduct that allows for summary dismissal if found guilty. But often employees are left speechless, unaware that what they...

by Gabriella Keeble

The definition of a “competitor” and why it is important to know

In the recent judgement of Inter-Waste (Pty) Ltd v Vian Smith and TMS Group Industrial Services (Pty) Ltd (Labour Court – Reportable case: J 197/2021),...

by Nicolene Schoeman-Louw

Benefits of using eDiscovery technology

Pumping down the volume As we well know, the volume of data being generated is growing rapidly. eDiscovery involves almost all information capable of being stored...

by John de Villiers

WIPO Proof, depository systems and the burden of proof

While the world was hunkering down in isolation, the World Intellectual Property Organisation (WIPO) was busy launching a service intended to revolutionise the administration and...

by Thomas Schmidt

Employers should avoid unnecessary delays in bringing disciplinary proceedings against employees

Disciplinary actions have profound implications for employees. My experience working with labour matters is that 95% of the time the employee would likely be found...

by Petrus Khumalo

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