Dispute Resolution Attorneys for Practical, Proportionate Outcomes
Choosing a process starts with the facts, not a preference.
Effective dispute strategy starts with the contract, facts, evidence, objectives, relationship, urgency and enforceability — not with a preferred process. We assess negotiation, mediation, arbitration and litigation options within our confirmed services.
In Short
Sarah Alison Attorneys facilitates mediation and arbitration for commercial and civil disputes in Durban and Johannesburg, offering a structured, confidential alternative to court litigation where appropriate.
Overview
The Process Should Follow
the Dispute, Not the Reverse
No single process is always superior — the right route depends on the contract, the parties, the evidence and what a workable outcome actually requires.
We assess disputes on their facts before recommending negotiation, mediation, arbitration or litigation, and remain open to changing course as the matter develops.
Offices in Durban and Johannesburg. Assistance is subject to conflict and matter assessment.
Choosing a Route
Negotiation, Mediation,
Arbitration or Litigation?
Ordered by how much formal structure each process involves — least to most.
Negotiation
Typical outcome: an agreed settlement
Direct control, but may stall without structure.
Mediation
Typical outcome: a voluntary settlement
Suitability and authority to settle matter.
Arbitration
Typical outcome: a binding arbitral award
Requires a valid basis and defined procedure.
Litigation
Typical outcome: a court order
Public process, with rules and appeal rights.
Confidentiality, compulsion, costs, timing, appeal and enforcement all depend on the agreement, rules, court directives and circumstances.
Before Choosing a Forum
Assess the Dispute Before
Choosing the Forum
Parties, conflicts and legal capacity
The contract and any dispute-resolution clause
Claims, defences and the remedy sought
Evidence and preservation needs
Urgency and interim relief
Value, cost and funding
Relationship and reputational concerns
Jurisdiction, seat, governing law and enforcement
Prescription, contractual time bars and procedural deadlines
Starting settlement discussions does not necessarily preserve every deadline.
Two Structured Alternatives to Court
Mediation and Arbitration
Mediation
A mediator facilitates structured negotiation but ordinarily does not impose the outcome. Suitability depends on safety, good faith, authority, information and the nature of the dispute.
02Arbitration
Private adjudication based on an arbitration agreement or other lawful basis, with a neutral tribunal deciding the dispute under agreed or applicable rules.
Disputes that may be suitable include:
Read Before You Act
Clauses and Confidentiality
Dispute Clauses
Contractual Dispute-Resolution Clauses
Escalation, mediation and arbitration clauses should be read before action is taken. Poorly drafted multi-tier clauses can create uncertainty rather than a clear route forward.
Privacy Is Not Absolute
Confidentiality Has Limits
Confidentiality may arise from agreement, institutional rules, court rules or law, and can have exceptions. We do not market mediation or arbitration as invisible or consequence-free.
Protecting the Position
Urgent Relief and Settlement
Interim Steps
Urgent Relief May Still Be Necessary
Urgent court or tribunal relief may still be needed to preserve assets, evidence, confidentiality or the status quo. The arbitration clause and applicable law must be checked before approaching a forum.
After Agreement
Settlement and Implementation
An agreement should identify obligations, dates, releases, confidentiality, costs, default and enforcement. A handshake or unclear email may create further dispute rather than resolve one.
No Process Is Always Cheapest
Costs and Proportionality
Mediation may involve mediator, venue and legal-preparation costs. Arbitration may include tribunal, institution, venue, transcript, counsel and expert costs. Litigation has court and party costs — we assess proportionality on the facts rather than assume one process is always cheapest.
Why Sarah Alison Attorneys
Clear Strategy for
Practical, Proportionate Outcomes
Early Merits Review
The dispute assessed on its facts before a process is chosen.
Process Comparison
Negotiation, mediation, arbitration and litigation weighed honestly.
Evidence Discipline
Preservation and documentation addressed from the outset.
Careful Settlement Drafting
Agreements built to be workable and enforceable, not just signed.
FAQ
Dispute Resolution FAQs
What is alternative dispute resolution?
A term covering processes such as negotiation, mediation and arbitration used instead of, or alongside, court litigation to resolve a dispute.
Is mediation binding?
Not on its own. A mediator facilitates discussion, but the parties must agree to settle. A signed settlement agreement can then become binding.
Can a mediator decide who is right?
Ordinarily no. A mediator does not adjudicate or impose an outcome — that role belongs to an arbitrator or a court.
Is arbitration the same as court?
No. Arbitration is private adjudication based on an agreement or other lawful basis, with its own procedure, though the award is intended to be binding.
Is arbitration always confidential?
Not absolutely. Confidentiality depends on the agreement, rules and law, and may have exceptions, including in enforcement proceedings.
Can urgent court relief still be sought?
Yes, in appropriate circumstances, subject to the arbitration clause and applicable law being checked first.
Does negotiation stop prescription?
Not necessarily. Correspondence or settlement talks may not suspend every contractual or statutory deadline.
Can the firm act as mediator or arbitrator, or as counsel?
Only within confirmed, separately scoped services — neutral and representative roles are never mixed in the same dispute.
Get in Touch
Request a Dispute Resolution Assessment
Tell us the parties, dispute type, any agreement and clause, current proceedings, urgent dates and desired outcome. We will first complete a conflict check and confirm the appropriate scope.