Resolving matters with the emphasis always on the maintenance of a functional relationship between the dispute parties, after the resolution thereof.
Labour Relations, union negotiations, retrenchments in terms of the provision of the relevant legislation, mostly hearings to establish whether or not an accused employee is guilty of certain allegations that were made against him or her. Civil mediation is gaining momentum in South Africa providing, within its process, for possible referral to an applicable forum should a dispute not be resolved, in other words with litigation in mind if it becomes inevitable that the dispute gets referred to a court or other forum.
Civil law in the negotiation, mediation, arbitration and conciliation of dispute parties matters for the purpose of avoiding litigation in a court. Members of ADR Centre® have benefitted from advice and assistance in contractual disputes, drafting of agreements, chairing of meetings with professional minutes kept by qualified legal advisors and advice in making of certain decisions related to their businesses or receipt of letters of demand, compliance and other factors to take into consideration when faced with an important decisions.
Hence appropriate and not alternative dispute resolution to rule out possible accusation of non recognition of litigation as a potential means of resolving a dispute.
Criminal law is governed by statute, meaning the way in which an alleged crime is investigated, including the questioning of witnesses and
suspects, subpoena’s of witnesses or summonses of suspects, arrests, warrants and all surrounding aspects, from the call to the South African Police
Service, to the leveling of criminal charges against an accused person, to the arrest, detention or summons of a suspect to the conviction by a
court with jurisdiction. This necessarily leaves little space for anything short of litigation as the choice of an alternative means of resolving
that matter lies not with an individual but by the state who will always be the other party to such a matter.
Appropriate Dispute Resolution Centre® provides advice to members who are accused of having committed crime, where possible, liaise with investigating officers and referrals to specialist defense attorneys.
Discourage Litigation. Persuade your neighbours to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough ~ Abraham Lincoln
ADR Centre seeks to resolve disputes by means of progressive legal services to specific issues.
Fast and cost effective resolution of legal disputes.
Appointment of legal advisers with a very particular set of skills in facilitation and negotiation.
Create awareness to the consumers of legal services of the benefits of alternative dispute resolution practices where possible without denying that litigation may be appropriate.
South African courts are conservatively estimated to be fully booked for three years in the future.
Popular rhetoric aimed to suppress actual matters are creating an environment of intolerance.
Whilst citizens are guaranteed certain rights, it is hardly ever realised, in some instances secondary victims of a system that is regarded slow at best and self serving at worst.
"Anyone who wilfully turns a blind eye or decline to see what is perfectly obvious, will be held to have knowledge" ~ Botha, J.
Alternative means of dispute resolution will be realised in its application to each unique scenario.
A polarized society hosts many issues that underlies what is perfectly obvious which issues are not regularly addressed by a system that benefits from it.
The creation of something new was inevitable.
Facts of each matter is taken as a statement by the same legal advisor who advise client which legislation applies and recommends procedures.
Where no statutorily determined action is provided for in the legislation the client can make a choice.
Advisor will state the cost involved of various legal services and initiate the matter by referring it to in house ADR services or an attorney on own cost.
Parties may be made aware of a certain ADR method that could be appropriate and still choose litigation.
The application of ADR has not been realised.
Arrange a meeting with your legal advisor at ADR centre.
A member gets advice on all existing matters.