n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The use of alternative dispute resolution methods in corporate disputes : the provisions of the Companies Act of 2008 : analyses
|Article Title||The use of alternative dispute resolution methods in corporate disputes : the provisions of the Companies Act of 2008 : analyses|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Affiliations||1 University of Cape Town|
|Publication Date||Jan 2014|
|Pages||668 - 677|
It has been said that companies 'desire among all things that ... controversies be rapidly as well as equitably decided', and that prolonged lawsuits are 'the tumors and cancers of business men, eating into the very substance of their lives'. These concerns have had the result that the use of alternative dispute resolution (ADR) processes to resolve commercial disputes has become a growing trend internationally over the last few decades.
The trend towards the increasing use of ADR processes to resolve commercial disputes has also been evident in South Africa where there has been increasing support for mediation, rather than adjudication, over the last few decades. There are currently nearly 50 statutes in South Africa which provide for mediation in some form or other.
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