Alternative Dispute Resolution
Alternative Dispute Resolution consists of various methods which include Conciliation, Mediation, Private Arbitration and Negotiation. A third party plays a role of helping the parties in dispute to reach an agreement. The outcome of this process is not binding unless the parties agrees otherwise. We offer this solution to clients where the employer is agreeable to this approach.
This solution may be used instead of resolving disputes through courts of law. This alternative may be used in cases that relate to unfair retrenchments. A written agreement between the employer and the employee will need to be drawn up where such prior agreement did not exist in the contract of employment. The arbitrator’s decision is binding on contractual basis and the courts of law will enforce it. Advantages of using ADR and Private Arbitrations
Proceedings are held in private setting as opposed to open courts. Retrenched individual may wish to have their dispute resolved in a private manner.
ADR and Private Arbitration procedures are flexible. Parties to the dispute may agree on the procedures to be followed, without being burdened by the rules and formalities of the courts of law. The parties may also agree to other aspects of the proceedings such as venue and timing of various aspects of the proceedings.
Litigation through courts can take a long period of time to resolve disputes. This can ruin a retrenched person’s life. ADR and Private Arbitration may be set up within a very short period of time. A speedy resolution of the cases may be a win-win outcome for both parties to the dispute.
A dynamic team that assist clients to find the best way to resolve disputes related to unfair retrenchments. Alternative Dispute Resolution is an array of mechanisms that may be used to resolve dispute effectively. We work with expert organizations to formulate a process that can be used to resolve the dispute in a cost effective manner and as speedily as possible.
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