Avoiding the costs and frustrations of going to court
Unattended or inappropriately managed commercial conflicts and disputes are of the biggest preventable costs incurred by companies and individuals alike. By actively managing the dispute process and applying the appropriate mechanism to resolve the dispute, these costs can be reduced.
Settling disputes is our business. We are a trusted third-party and have managed over 45,000 disputes over twelve years, settling over 70% of these.
We pro-actively manage the settlement process through to ensuring the outcome is enforceable.
We ensure that everybody sticks to the rules, are notified of their responsibilities in good time
Our hands-on approach will get you started in no time.
How does it work?
Equillore's unique multi-tiered managed conciliation, mediation and arbitration process is uncomplicated, innovative and integrated with the formal court processes.
Disputing parties enter into a binding consent agreement, following which we will convene an initial meeting seeking conciliation. If no settlement is reached, the parties can then elect a skilled mediator from our panel of internationally accredited experts, and enter into a more formal mediation.
Should the mediation still not result in settlement, the parties then have the final and conclusive options of appointing an arbitrator or if needs be, reverting back to litigation in court.
At this stage the judge or magistrate will request you to provide confirmation of attempts to settle the matter as a condition for allocating a court date.
[ top ]
Who are the mediators and arbitrators?
Our panel of internationally accredited mediators and arbitrators are trained and experienced in resolving disputes and guiding parties to settlement.
They are neutral: they do not take sides. They help people explore the problem and find new options to resolve the dispute.
They do not judge who is right or wrong and do not give legal advice. They are governed by a strict code of ethics under the stewardship of the African Centre for Dispute Settlement.
The list of commercial panelists is available here
[ top ]
What are the benefits?
Mediation can in most instances resolve disputes without going to trial. This translates to significant savings in time and money.
The adversarial nature of litigation often damages relationships and keeps parties apart from finding the common ground required for settlement.
Mediation sessions are private and confidential, and the deliberations cannot be used against you in court (without prejudice).
You may consult an attorney to advise you and if required, attend the settlement meetings with you.
Mediation empowers parties to find their own solution.
[ top ]
How do I prepare ?
- Clear your mind of the dispute
- Focus on settlement and where you will be willing to compromise.
- Collect documents - such as invoices, correspondence, statements and photographs - that support your case.
- Be prepared to:
- discuss what is important to you;
- listen to the other party; and
- work on resolving the matter.
[ top ]
How long will it take?
Equillore will convene a two-hour conciliation meeting as soon as it receives the referral and advise both parties of the date within 24 hours.
Mediation will typically take two to six sessions of two hours.
You will be able to bring the matter to closure in days and weeks, and not the months and years associated with litigation.
[ top ]
How much does it cost?
All disputes referred to Equillore start with a preparatory meeting of two hours. A minimum fee of R3 750 (R2 950 outside of Gauteng) will be charged, and is payable on referral. This includes the services of a trained conciliator (a qualified mediator) who will attempt to negotiate a settlement, failing which will assist in the planning of a mediation (or an arbitration if preferred).
If the matter does not settle at this stage, the parties can then decide to:
- Arrange follow-up concilliation session
- Proceed to a formal mediation
- Proceed to a formal arbitration
Subsequent costs will be determined by the duration of the matter and the seniority of mediator/arbitrator selected.
Mediator and Arbitrator fees are determined on a sliding scale based on seniority and experience, starting from R2,500 per day for a conciliator on the low end of the scale.
Costs are agreed on at all times by the parties themselves as part of the forward planning of the settlement process.
Fees charged by your attorney are not included.
[ top ]
How do I get started?
You may refer your matter to us either by filing your case electronically by sending us a case referral form whether by hand or by fax.
Since the use of appropriate dispute mechanisms is voluntary, consent from the opposing party is required. If no consent is obtained before the matter is referred to Equillore, we will endeavour to facilitate the consent from the opposing party.
From the point of referral onwards we take care of all of the administration on your behalf to free you up to focus on the preparation of your case.
| 
