negotiated by the parties themselves. Parties may be Parties may be Parties may be Parties should have assisted by legal or assisted by experts represented by Legal legal representation other assistants. Advisors and/or Counsel Mediation has the The adjudicator does The arbitrator does A registered / potential to preserve not have to be an not have to be an qualified judge has to goodwill as both officer of the law officer of the law hear the case parties often make concessions and agree to accept less. A mediator is usually An adjudicator is An arbitrator is The judge may not a person that is usually an expert in usually an expert in always be respected in the field the field and is the field knowledgeable in and that the parties required to perform building agreement feel will assist without his duty with proper disputes bias. skill, diligence and care An adjudicator does An arbitrator has A Judge has judicial not have any judicial judicial immunity immunity immunity and thus is liable to the parties for any lack of skill, diligence or care in carrying out his duties. Mediation is a private Adjudication is a Arbitration is a Litigation is a public matter. It is private matter private matter and is matter customary for the therefore seldom parties to sign a subjected to the confidentiality clause. press. Because the parties Adjudication is often Arbitration is Litigation is seen as reach agreement, the used as a first resort. recognised as a the last resort in agreement is usually legitimate alternative dispute resolution respected by both. means of resolving disputes Mediation has It is not governed by It is governed by the Litigation is governed recently been any legislation Arbitration Act 42 of by a number of acts introduced into the 1965 statues of South Africa. The idea of going for The JBCC Rules on Arbitration may be Litigation could mediation is to save adjudication requires concluded in a potentially become a time and resources. It that the adjudicator shorter time than very long and drawn should be concluded must conclude within litigation. out and expensive in a short period of 20 working days. process time.
negotiated by the parties themselves. Parties may be assisted by legal or other assistants. Parties may be assisted by experts Parties may be represented by Legal Advisors and/or Counsel Parties should have legal representation Mediation has the potential to preserve goodwill as both parties often make concessions and agree to accept less. The adjudicator does not have to be an officer of the law The arbitrator does not have to be an officer of the law A registered / qualified judge has to hear the case A mediator is usually a person that is respected in the field and that the parties feel will assist without bias. An adjudicator is usually an expert in the field and is required to perform his duty with proper skill, diligence and care An arbitrator is usually an expert in the field The judge may not always be knowledgeable in building agreement disputes 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. An arbitrator has judicial immunity A Judge has judicial immunity Mediation is a private matter. It is customary for the parties to sign a confidentiality clause. Adjudication is a private matter Arbitration is a private matter and is therefore seldom subjected to the press. Litigation is a public matter Because the parties reach agreement, the agreement is usually respected by both. Adjudication is often used as a first resort. Arbitration is recognised as a legitimate alternative means of resolving disputes Litigation is seen as the last resort in dispute resolution Mediation has recently been introduced into the statues of South Africa. It is not governed by any legislation It is governed by the Arbitration Act 42 of 1965 Litigation is governed by a number of acts The idea of going for mediation is to save time and resources. It should be concluded in a short period of time. The JBCC Rules on adjudication requires that the adjudicator must conclude within 20 working days. Arbitration may be concluded in a shorter time than litigation. Litigation could potentially become a very long and drawn out and expensive process
PPE_Paper_Two_-_Q_&_A_26_October_2016.docx