We are equipped to assist our clients with both High Court and Magistrate’s Court litigation including but not limited to breach of contract, claims for damages and outstanding monies.Our experience gives our clients the peace of mind that their matter will be dealt with efficiently and that they are ensured the best possible results.
In our experience there are matters that must be litigated through the courts or follow an arbitration model and there is no alternative. However, litigation can involve a huge amount of time and costs are high. As experienced litigators we will guide a client into mediation and settlement negotiations when and if the time is right.
In many circumstances, we believe there is merit in referring a matter to mediation where up to 70-80% of matters are settled in whole or part with parties often reconciling and therefore both feeling that they have “won”.
Mediation is the intervention into a dispute by an acceptable, impartial and neutral third party who assists the parties in voluntarily reaching a mutually acceptable settlement of the issues in dispute. The settlement can become binding if signed by the parties. What is commonly unknown is that legal representatives can be a support during mediation and can remain involved to assist clients and ensure that their back is covered. We are experienced in this field.
In short, the advantages of mediation are plentiful but include:
- costs are incurred but are considerably less than litigation or arbitration;
- the client retains control over the outcome of the dispute (unlike in litigation);
- the mediator is chosen by the parties;
- the proceedings are confidential and private;
- disintegrating relationships are often salvaged;
- emotions are aired and parties feel less “angry”;
- settlements can be creative and address needs, causes and complexities; and
- mistrust, poor communication and lack of skills can be bridged.