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The ADR Advantage

A Practical South African Guide to Negotiation, Mediation and Alternative Dispute Resolution

Not every business dispute needs to end up in court.

A disagreement with a supplier. A shareholder relationship that has broken down. A customer refusing to pay. Business partners who no longer see eye to eye. A contractual dispute that is beginning to consume management time and legal costs.

For South African businesses, directors, entrepreneurs and start-ups, conflict is sometimes unavoidable. How you deal with it is a business decision.

The ADR Advantage is a practical, easy-to-read introduction to Alternative Dispute Resolution (ADR) and the ways negotiation, mediation and arbitration can be used to resolve commercial disputes without automatically resorting to lengthy litigation.

Written specifically for the South African business environment, this book explains ADR without drowning the reader in legal terminology.

Inside the book, you will discover:

• how Alternative Dispute Resolution works in South Africa;
• when negotiation may be the smartest first step;
• how professional mediation works and what happens during the mediation process;
• which types of business disputes are particularly suitable for mediation;
• how arbitration differs from mediation and negotiation;
• the advantages - and limitations - of the different ADR processes;
• how South African courts are increasingly recognising the importance of mediation and meaningful attempts to resolve disputes;
• the legislation and legal framework relevant to ADR in South Africa;
• how to prepare for a negotiation or mediation;
• practical techniques that can help prevent disagreement from becoming an expensive commercial battle; and
• when it may be time to involve a professional mediator, negotiator, arbitrator or legal adviser.

Throughout the book, practical examples and checklists help translate ADR principles into situations that business people encounter every day.

Who is this book for?

The ADR Advantage has been written for business owners, company directors, entrepreneurs, start-up founders, managers and professionals who want a better understanding of their options when commercial relationships become difficult.

You do not need a law degree to understand it.

This is not a legal textbook or a substitute for professional legal advice. It is a practical business guide designed to help you recognise disputes that may be capable of being resolved differently - and often more constructively.

Why ADR?

Court proceedings have their place. But litigation is not always the first or best commercial response to a dispute.

Negotiation and mediation can give parties something a court often cannot: the opportunity to retain control over the solution.

In business, winning the argument is not always the same as achieving the best commercial outcome.

Sometimes the real victory is resolving the problem, containing the cost, preserving a valuable relationship and getting back to business.

About the Author

Leon Terblanche has extensive experience in the field of Alternative Dispute Resolution and has served as an accredited Panel Member of ADR Network SA for approximately 15 years. He is also internationally certified through ADR Register as a Mediator and Negotiator / ADR International Conflictnavigator®.

Drawing on his legal background and practical interest in dispute resolution, Leon has written The ADR Advantage to make ADR understandable and useful to ordinary South African business people.

A dispute does not necessarily need a winner and a loser. Sometimes it simply needs a better way forward.