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Lexis® Practical Guidance: Dispute Resolution

Why Lexis® Practical Guidance: Dispute Resolution?

Get direct access to critical, up-to-date information and guidance that you can rely on. Practical Guidance Dispute Resolution covers the main forms of dispute resolution and provides the need-to-know information to successfully resolve disputes and effectively participate in ADR proceedings.

With a strong emphasis on practical aids, Practical Guidance Dispute Resolution will assist you with step-by-step guidance on the dispute resolution processes, relevant legislation and rules. In addition, individual guidance notes offer descriptions and comparisons of each type of ADR together with discussions of the applicable rules under the main arbitrary bodies in South Africa.

Users have convenient online access to current Legislation and Case Law, as well as Guidance Notes, Practice Directives, Checklists, Forms and Precedents that are authored and updated by expert practitioners.

With Lexis® Practical Guidance Dispute Resolution you get:


Convenient online access to:
  • More than 20 Topic Overviews and 110 Guidance Notes
  • 30 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – practical advice on how to interpret the rules of court
  • Over 20 other useful resources such as external websites and additional readings

Step-by-step guidance on:
  • Which form of dispute resolution to select
  • How to conduct proceedings
  • What rules and/or procedures to follow
  • Dispute resolutions
  • Alternative dispute resolutions
  • Mediations & settlements
  • Court annexed mediations
  • Arbitration
  • Conciliation
  • Adjudication

Important information on:
  • The related arbitrary bodies and court rules
  • Other rules and key legislation
  • References to principle case law

Guidance Notes

Direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within Civil Procedure. A few key guidance notes are outlined below, the full list can be viewed in the table of contents.

Types of ADR Clauses and Agreements

Explains the nature and effect of ADR clauses in contracts and specific ADR agreements that parties can conclude once a type of ADR has been selected, so as to regulate the dispute resolution process. It includes detailed, customisable forms and precedents, such as the dispute resolution clause for contracts and templates for arbitration and mediation agreements.

How to Draft a Mediation Agreement

Defines and details the purpose of a mediation agreement and includes guidance on the important considerations to bear in mind, the main clauses that need to be included when drafting a mediation agreement and a detailed, customisable precedent of a mediation agreement with drafting tips.

How the Process Works

Court-annexed mediation is a relatively new process and, therefore, all practitioners as well as candidate attorneys can benefit from this guidance note. It outlines the intended process for court-annexed mediation as set out in Chapter 2 of the Magistrates' Court Rules and contains numerous downloadable forms for convenient use.

Practical Aids

Precedents, checklists, flowcharts and forms to offer advice confidently and execute tasks accurately. A few key resources are listed below, the full list can be viewed in the table of contents.

  • Dispute resolution clause for contracts
  • Template of an arbitration agreement
  • Template of mediation agreement
  • Template of a mediation clause
  • Form Med-1 Application for referral to mediation prior to litigation (J012)
  • Form Med-3 Application for referral to mediation after commencement of litigation (J128)
  • Form Med-8 Statement of claim (J277)
  • Form Med-9 Statement of defence
  • Form Med-14 Settlement agreement (J628)
  • Template of a memorandum of understanding in a divorce matter
  • Suggested agenda for a divorce mediation
  • Arbitration referral letter
  • LRA Form 7.13 Request for arbitration
  • LRA Form 7.18 Application to certify CCMA award and writ of execution
  • LRA Form 7.11 Referring a dispute to the CCMA for conciliation (including con-arb)
  • LRA Form 7.12 Certificate of outcome of dispute referred to conciliation

Authors










Craig Woolley
Lindsay Black

BA LLB (University of Natal), Member of the Law Societies of Kwazulu-Natal, Northern & Cape Provinces

A recommended Dispute Resolution Lawyer in Legal 500 in 2015 and joint Litigation Lawyer of the Year 2015 by Best Lawyers. Director at Norton Rose Fulbright and also the regional head of the Durban office.


LLB Degree (University of KwaZulu-Natal), Undergraduate BSc in Biomedical Science (University of KwaZulu-Natal)

Previously a Senior Associate at Norton Rose Fulbright. A specialist in litigation and dispute resolution including court litigation, domestic and international arbitrations. Presently the Corporate Legal Counsel in the private sector.


Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis® Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform.

It saves you time and energy so you can focus on the expertise that only you have.


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