Alternative dispute resolution

Dialogue Solutions Limited provides specialised support for mediation, arbitration and expert determination, together with coaching, training and dialogue processes.

Mediation

"Mediation means a process in which a Mediator facilitates and encourages communication and negotiation between the Mediation parties, and seeks to assist the Mediation parties in arriving at a voluntary agreement." Mediation Act

Benefits of mediation

• Avoid court

  Mediation clients typically do not go to court. At the end of the mediation, the paperwork is prepared and filed for the parties.

• Faster agreements

  Litigated cases can take from six months to several years. Mediations follow the participants' timeline and are often concluded within a couple of months.

• Client control

  The parties decide the terms of their own agreement with the mediator's help. There is no final agreement unless both agree to it.

• Reduced cost

  Litigation is expensive and its total cost is unpredictable. Mediation costs far less because the time is spent resolving the matter rather than on motions.

• Greater client satisfaction

  Participants report high satisfaction with both the process and the agreements they reach. Litigants are often dissatisfied with cost, stress and acrimony even when they win.

• Maintains privacy

  Mediation is a private process, not a public hearing. The parties largely decide what goes into the paperwork.

• Preservation of relationships

  In business and family disputes alike, mediation can preserve relationships. It helps participants communicate rather than attack one another.

The mediation process

1. 1Parties contact Dialogue Solutions to request mediation services.
2. 2Dialogue Solutions sends the Request for Mediation form for both parties to complete, or the parties send a joint letter with the relevant information.
3. 3On receipt of the completed forms, Dialogue Solutions prepares a list of potential mediators with their profiles and fees. This is sent to both parties at the same time, and all costs are shared equally.
4. 4Once the mediator is agreed, Dialogue Solutions coordinates with the mediator and the parties to begin the mediation.
5. 5The matter is resolved, terminated, or a follow-up session is scheduled.
6. 6Where an agreement is reached, it is recorded in a signed mediation agreement.

Mediation rules

Mediations are governed by the Mediation Act and conducted according to the Dialogue Solutions Mediation Rules unless otherwise agreed by the parties. Read the Dialogue Solutions Mediation Rules 2020 (PDF).

Arbitration

Arbitration is a non-judicial process for the settlement of disputes where an independent third party, an arbitrator, makes a binding decision.

The arbitration process

1. 1Contact Dialogue Solutions to request arbitration services.
2. 2Dialogue Solutions sends its Request for Arbitration form to be completed by both parties, individually or jointly, or the parties send a joint letter with the relevant information.
3. 3On receipt of the completed forms, Dialogue Solutions prepares a list of potential arbitrators with their profiles and fees. This is sent to both sides at the same time, and the cost is shared equally.
4. 4Once the arbitrator is agreed, Dialogue Solutions coordinates with the arbitrator and the parties to commence the arbitration.

Arbitration rules

Arbitrations are conducted under the Arbitration Act and according to the UNCITRAL Arbitration Rules unless otherwise agreed by the parties. UNCITRAL Arbitration Rules · Arbitration Act, No. 11 of 2023 (PDF)

Expert determination

An independent expert appointed by the parties decides a technical or valuation question. The decision is binding where the parties so agree. Contact Dialogue Solutions to discuss whether expert determination suits the matter.

Coaching

Dialogue Solutions offers coaching for executives, managers and professionals who want to handle conflict and negotiation with greater skill.

Dialogue

Dialogue is a discussion, or series of discussions, held to end a disagreement or to build more effective relationships. Sometimes it needs expert neutrals; sometimes only a conducive environment. Dialogue changes the way problems look and feel, solutions emerge from new insights, and constructive dialogue is the cornerstone of positive transformation. Contact us to discuss how we can support you.

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