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Frequently Asked
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ADR refers to processes used to resolve disputes outside of traditional courts, such as mediation, arbitration, negotiation, and conciliation. These processes are typically faster, less formal, cost-effective, and aim to preserve relationships.
Yes. ADR is legally supported through several instruments, including:
The Constitution (Section 34 encourages the use of dispute resolution mechanisms).

The Arbitration Act 42 of 1965 (governs arbitration).

The Mediation Rules of the High Court.

The Labour Relations Act (LRA) (provides for statutory conciliation and arbitration through CCMA and Bargaining Councils).

The Consumer Protection Act, which encourages mediation. These frameworks make ADR a legitimate, enforceable, and widely used system.
Negotiation: Parties resolve the dispute themselves, with or without a negotiator.
Conciliation: A conciliator actively assists parties to reach agreement, often giving advisory views on solutions.

Mediation: A mediator facilitates communication but remains neutral and does not impose solutions.

Arbitration: An arbitrator hears both sides and makes a binding decision, similar to a judge but in a private forum.
Mediation and conciliation agreements become binding when reduced to a settlement agreement, which can be made an order of court.
Arbitration awards are legally binding and enforceable under the Arbitration Act and may be enforced as court orders if necessary. Therefore, ADR outcomes can carry the same legal weight as litigation.
ADR is suitable for:
Commercial and contract disputes

Labour disputes (through CCMA/Bargaining Councils)

Family disputes

Property and landlord-tenant conflicts

Construction and engineering disputes

Community and organisational disputes

Consumer disputes

Neighbour and boundary issues Not suitable for crimes or matters requiring judicial sanction (e.g., divorce decree, constitutional issues).
Faster resolution (days or weeks vs. years in litigation)
Lower cost Confidential (unlike public court records)

Flexible procedures

Less adversarial, preserving relationships

Parties retain control over the outcome (especially mediation)

Finality — arbitration awards are difficult to challenge
Not always. ADR is designed to be accessible.
In mediation and conciliation, lawyers are optional.

In arbitration, legal representation may be allowed or required depending on the arbitration agreement and the complexity of the matter. However, parties often benefit from legal advice to ensure fairness and enforceability.
Look for:
Professional accreditation (e.g., AFSA, SAAM, ADR Network Africa)

Subject-matter expertise

Impartiality and ethical standards

A track record of settlement

Clear fee structure

Good communication skills In South Africa, many ADR practitioners come from legal, labour relations, social sciences, or commercial backgrounds.