Parties should have Parties may be Parties may be Parties may be legal representation represented by Legal assisted by experts assisted by legal or Advisors and/or other assistants. Counsel A registered / The arbitrator does The adjudicator does Mediation has the qualified judge has to not have to be an not have to be an potential to preserve hear the case officer of the law officer of the law goodwill as both parties often make concessions and agree to accept less. The judge may not An arbitrator is An adjudicator is A mediator is usually always be usually an expert in usually an expert in a person that is knowledgeable in the field the field and is respected in the field building agreement required to perform and that the parties disputes his duty with proper feel will assist without skill, diligence and bias. care A Judge has judicial An arbitrator has An adjudicator does immunity judicial immunity not have any judicial immunity and thus is liable to the parties for any lack of skill, diligence or care in carrying out his duties. Litigation is a public Arbitration is a Adjudication is a Mediation is a private matter private matter and is private matter matter. It is therefore seldom customary for the subjected to the parties to sign a press. confidentiality clause. Litigation is seen as Arbitration is Adjudication is often Because the parties the last resort in recognised as a used as a first resort. reach agreement, the dispute resolution legitimate alternative agreement is usually means of resolving respected by both. disputes Litigation is governed It is governed by the It is not governed by Mediation has by a number of acts Arbitration Act 42 of any legislation recently been 1965 introduced into the statues of South Africa. Litigation could Arbitration may be The JBCC Rules on The idea of going for potentially become a concluded in a adjudication requires mediation is to save very long and drawn shorter time than that the adjudicator time and resources. It out and expensive litigation. must conclude within should be concluded process 20 working days. in a short period of time. There are procedural There are procedural There is no set The procedure of rules that govern rules that govern the procedure however mediation is litigation conducting of the JBCC publishes determined by the arbitration. the mediator in
Parties should have legal representation Parties may be represented by Legal Advisors and/or Counsel Parties may be assisted by experts Parties may be assisted by legal or other assistants. A registered / qualified judge has to hear the case The arbitrator does not have to be an officer of the law The adjudicator does not have to be an officer of the law Mediation has the potential to preserve goodwill as both parties often make concessions and agree to accept less. The judge may not always be knowledgeable in building agreement disputes An arbitrator is usually an expert in the field An adjudicator is usually an expert in the field and is required to perform his duty with proper skill, diligence and care A mediator is usually a person that is respected in the field and that the parties feel will assist without bias. A Judge has judicial immunity An arbitrator has judicial immunity An adjudicator does not have any judicial immunity and thus is liable to the parties for any lack of skill, diligence or care in carrying out his duties. Litigation is a public matter Arbitration is a private matter and is therefore seldom subjected to the press. Adjudication is a private matter Mediation is a private matter. It is customary for the parties to sign a confidentiality clause. Litigation is seen as the last resort in dispute resolution Arbitration is recognised as a legitimate alternative means of resolving disputes Adjudication is often used as a first resort. Because the parties reach agreement, the agreement is usually respected by both. Litigation is governed by a number of acts It is governed by the Arbitration Act 42 of 1965 It is not governed by any legislation Mediation has recently been introduced into the statues of South Africa. Litigation could potentially become a very long and drawn out and expensive process Arbitration may be concluded in a shorter time than litigation. The JBCC Rules on adjudication requires that the adjudicator must conclude within 20 working days. The idea of going for mediation is to save time and resources. It should be concluded in a short period of time. There are procedural rules that govern litigation There are procedural rules that govern the conducting of arbitration. There is no set procedure however the JBCC publishes The procedure of mediation is determined by the the mediator in