Schindlers Dispute Adjudication Service
Schindlers Attorneys is a dynamic multi-disciplinary law firm offering a full range of legal services to both corporate and individual clients in South Africa and around the world. Through our unmatched professionalism and comprehensive knowledge of the South African business environment, we ensure that our lawyers offer the highest calibre legal advice in every situation.
Our innovative approach and creative business solutions are specifically tailored to guarantee that every client’s individual needs are met, and by taking the time to understand our client’s business, we ensure consistently remarkable results. The firm is widely recognised for our friendly and flexible approach, our rapid turn-around times and exceptionally high ethical standards – a combination that keeps our clients coming back time and time again.
Our dynamic team of experienced attorneys are dedicated to ensuring you are provided with quality adjudication services during the COVID-19 crisis. Many will be prejudiced by the delay in access to courts and formal dispute resolution infrastructure during this time (and thereafter) and we have therefore set up a mechanism to assist parties in resolving their disputes by use of modern technology.
Ensuring the mechanism is set up in line with mediation and arbitration laws in South Africa, and with extensive litigation and arbitration experience, we are able to assist parties with swift, cost-effective solutions to disputes by relying on attorneys and experts to either mediate or arbitrate the situation without the need to be physically present.
Contact us at firstname.lastname@example.org
1. All people who come to the Schindlers for legal assistance must be screened to ascertain if they comply with the Schindlers means test.
2. If a person is unemployed and has no income or assets, or receives a State grant or old age pension, he or she automatically qualifies for assistance and no further enquiry needs to take place.
3. Individuals – if an individual earns below R7,500 per month, he/she will qualify. If he/she has fixed assets worth more than R350,000 and earns below R7,500, he/she will only qualify in the following circumstances:
3.1. he/she is part of a vulnerable group;
3.2. the matter is in the public interest.
4. Households – if the collective income of a household falls below R8,500, the individual who approaches Schindlers will qualify. If the household has fixed assets worth more than R350,000, the individual who approaches Schindlers will only qualify in the following circumstances:
4.1. he/she is part of a vulnerable group;
4.2. the matter is in the public interest.
5. Businesses – the individuals behind the business must be assessed.
Note: management does have a discretion in all of the above-mentioned situations, but must be mindful of the following factors before deviating from the means test set out above:
Ø Any deviation must look at the complexity of the relevant law and procedure.
Ø Any deviation must look at whether the matter contributes to the forwarding and promotion of constitutional rights.
Ø Any deviation must consider the financial position of the person applying for assistance.
Ø The merits of the matter must be considered.
Ø Due consideration must be taken if the client is able to make a contribution to fees as this could impact on attorneys who may be able to take on such matters at reduced fees or on contingency.
Ø Deviation from the means test should favour those who are particularly vulnerable, such as children, the disabled and women.
 We define a vulnerable group as children, the elderly, LBGTI people, the disabled and, in certain circumstances depending on the situation of the person, women and refugees.
 The public interest is defined for our purpose as the interest and well-being of poor, marginalised and vulnerable members of the public. Cases that involve groups of people or that promote the well-being of members of the community and public, would fall into this category. Cases that promote constitutional rights are also matters in the public interest.
Schindlers Attorneys’ Covid-Response Webinar Dispute Adjudication Service
1. During these uncertain times, everyday access to formal dispute resolution infrastructure will be curtailed/denied. Schindlers Attorneys (“Schindlers”) recognises the economic and psychological impact that this will have on individuals and their businesses alike.
2. We have, therefore, launched our Covid-Response Webinar Dispute Adjudication Service (“the mechanism”), which will operate as follows: -
2.1. Opposing parties must agree to have their dispute resolved through the mechanism (i.e. to be bound by the outcome of the mechanism – whether or not involving an appeal process – and to be jointly and severally liable for the costs, if any, thereof), and both parties must complete and sign our pro-forma Adjudication Agreement (annexed hereto as Annexure “A”) and submit same to us.
2.2. The pro-forma Adjudication Agreement will regulate and govern all material issues in relation to the adjudication process, including appealability, seniority of adjudicator, costs etc.
2.3. Simple disputes will be classified and determined by Schindlers as:
2.3.1. claims of less than R25,000.00 and less than 3H30 of Schindlers’ time (including
background reading – Schindlers retains this discretion) will be determined free-of-charge, if it is demonstrated, to Schindlers’ satisfaction, per our means test, that the parties genuinely cannot afford to pay anything;
2.3.2. claims of between R25,000.00 and R50,000.00 and less than 3H30 of Schindlers’
time (including background reading – Schindlers retains this discretion) will be
determined at a flat rate of R4,000.00 (ex VAT), payable up front; and/or
2.3.3. claims of between R50,000.00 and R100,000.00 and less than 3H30 of Schindlers’
time (including background reading – Schindlers retains this discretion) which will be
determined at a flat rate of R8,000.00 (ex VAT), payable up front.
2.4. The procedure and time allocated for simple disputes is as follows: -
2.4.1. Each Party is required to submit a maximum 2-page summary of their position, alongside limited supporting documentation (maximum of 30 pages). The appointed adjudicator (“the adjudicator” – appointed at Schindlers’ discretion) will dedicate 1-hour (or more – adjudicator’s discretion) to perusing and considering both parties’ submissions.
2.4.2. The adjudicator will schedule a webinar with the opposing parties. After a brief introduction by the adjudicator, the claimant will be allocated 30 minutes to present their case, during which the adjudicator will ask relevant questions. Subsequently, the respondent will then be allocated 30 minutes to present their case, during which the adjudicator will ask relevant questions.
184.108.40.206. This process is “inquisitorial” instead of “adversarial” (i.e. the adjudicator
digs for the truth, instead of only weighing up competing contentions).
220.127.116.11. There is no need for Parties to have independent legal representation for
this, given that the adjudicator will be “asking the right questions”.
2.4.3. The adjudicator will dedicate 30 minutes to attempting to mediate the dispute (i.e. to see whether a settlement can be facilitated between the parties). If mediation is successful, the remainder of the time allocated by the mechanism will be spent drawing up and having a settlement agreement signed by the parties.
2.4.4. If mediation fails, the adjudicator will adjourn for 30 minutes to consider an appropriate outcome to the dispute, caucus with more senior staff members if required, and, if there is time, draft an award. If more time is needed to settle the dispute and/or draft an award, the adjudicator will adjourn to a later time/date to be agreed with the parties.
2.4.5. The final 30 minutes will be spent handing down and explaining the award to the parties.
2.5. Complex disputes classified and determined by Schindlers as claims of more than R100,000.00 and more than 3H30 of Schindlers’ time (and a more senior adjudicator) which will be determined at an hourly rate to be negotiated and agreed with us, mindful of the needs and financial capabilities of the parties.
2.6. The procedure and time allocated for complex disputes would be as follows: -
2.6.1. Parties each submit a maximum 10-page summary of their position, alongside any/all necessary supporting documentation. The appointed adjudicator (“the adjudicator”) will dedicate as much time as is required towards perusing and considering the parties’ submissions.
2.6.2. He/she (the adjudicator) will then schedule a webinar with the opposing parties.
The claimant will be allocated 1-hour to present their case, during which the adjudicator will ask relevant questions. Subsequently, the respondent will be allocated 1-hour to present their case, during which the adjudicator will ask relevant questions.
18.104.22.168. This process is “inquisitorial” instead of “adversarial” (i.e. the adjudicator
digs for the truth, instead of only weighing up competing contentions).
22.214.171.124. The thinking is that parties need not have independent legal representation
for this, given that the adjudicator will be “asking the right questions”.
2.6.3. The adjudicator will then dedicate 1-hour (more, if necessary, or agreed upon) to attempting to mediate the dispute (i.e. to see whether a settlement can be solicited between the parties). If mediation is successful, then necessary time will be spent drawing up and having a settlement agreement signed by the parties.
2.6.4. If mediation fails, the adjudicator will adjourn for as much time as is required (this being communicated to the parties by the adjudicator) to consider an appropriate outcome to the dispute, caucus with more senior staff members if required, and to draft an award.
2.6.5. A final 1-hour will be allocated, at a time/date to be agreed upon by the parties, will be spent handing down and explaining the award to the parties.
3. Unless there is good reason to depart from this (at Schindlers’ discretion), an award will include that the unsuccessful party is to pay the successful party 50% of the costs of the adjudication.
4. Please be aware that disputes which we cannot (by law) determine include, amongst others (to be assessed on basis of first communications):
4.1. reviews (brought under the Promotion of Administration of Justice act 3 of 2002);
4.2. divorces (excluding mediation in regard to a settlement agreement);
4.3. any matter relating to the status of a person (for example, to declare someone a prodigal, or
4.4. any dispute in relation to any of the directives issued by the President, Ministers, Chief Justice or
any other competent authority in respect of the Covid-19 epidemic;
4.5. any dispute in relation to the validity of a person’s last will and testament;
4.6. certain disputes wherein specific performance is insisted upon as primary remedy; and/or
4.7. criminal matters.
5. For more information, or to register a dispute that would you would like resolved by us, please email email@example.com.
BComm (Law) (Unisa) LLB (Wits)
Lisa Sher obtained a BComm degree from Unisa and an LLB at the University of the Witwatersrand she studied insurance law at both universities. She has been a partner at Schindlers Attorneys for 17 years. Her experience in insurance law is set out hereunder.
Lisa Sher led the team in the transaction involving GA Seguros Angola (“GA Seguros”) the largest private insurance company operating in Angola with a composite non-life and life insurance license. She also led the team in the transaction involving Global Alliance Seguros Mozambique (“GA”) one of the leading insurance companies operating in Mozambique. During 2011, 100% of GA’s shares were purchased by the Absa Group.
Lisa Sher led the team for the acquisition by the DARAG Group Limited, which acquired, One Re Ltd (“One Re”), a London-based non-life reinsurance company.
Lisa has also been involved in other transactions related to the sale of insurance related transactions in Namibia, Mauritius, DRC, Ghana, Mozambique and South Africa, including but not limited to the sale of businesses, products, brokerages and the like.
Lisa Sher has advised leadings software insurance developers in license agreements, advised on the merits of insurance claims to both insurers and the insured, litigated on insurance claims, negotiated both international and local insurance wrapped transactions in relation to Project Finance and Trade Finance.
+27 (0) 11 448 9609
Alec Veitch obtained his BComm LLB degrees from the University of Johannesburg which was conferred upon him in 2012. He has been with Schindlers Attorneys for 8 years and partner for 2 years.
Alec Veitch’s main practice area revolves around the litigation involved with subrogated insurance claims and the defence of an insured with regard to third party claims.
Alec Veitch has also provided a number of opinions to individuals, brokers and insurance companies relating to: policy wording, validity of claims being submitted in consideration of the relevant policy wording and surrounding circumstances, and the legal validity of insurance products being offered.
Alec Veitch has also had a number of dealings with matters submitted to the ombud for short term insurance.
Justin graduated from Rhodes University having obtained a BCom, LLB and MCom. Justin’s Masters Thesis focused on the inconsistencies between the Income Tax and the Companies Act 71 of 2008, with a particular focus on the tax implications arising from company amalgamations and mergers. Justin served his articles at Schindlers and was admitted in 2015. Justin has been involved in various civil, commercial and corporate litigation matters, as well as property law.
Charlotte completed her BA (LLB) at the University of Witwatersrand in 2015 and graduated with Distinction. Charlotte currently works in Commercial Litigation and has experience with Labour Law, Dispute Resolution, High Court and Magistrate Court matters.
BA (Law) (Wits) LLB (Unisa)
Lauren completed her BA at the University of the Witwatersrand and her LLB at the University of South Africa. Lauren completed her term of articles of Clerkship with Schindlers Attorneys in February 2020 and is presently awaiting admission. Lauren has vast experience in insurance law, having worked in an insurance brokerage whilst completing her LLB. Lauren’s experience extends includes the interpretation of policy schedules and wordings, litigation, Ombudsman referrals to the FAIS and Short-Term Insurance Ombudsman, legal recoveries, and third party claims.
Maurice A. Crespi
Maurice joined Schindlers Attorneys in October 1997 and became a partner of the firm in December 1998. Maurice is an experienced legal practitioner with a sound knowledge of South African commercial, property, labour, tax and corporate law. He is a highly experienced and established litigation attorney with several reported judgments in both the Supreme Court of Appeal and Constitutional Court. Maurice heads a team of 18 professionals. He regularly provides guidance to boards of companies, both public and private, and he gives lectures on recent developments in commercial law. He is also a qualified Court-Aligned and Commercial Mediator.
Shaun obtained his BA (Law), LLB and LLM at the University of Pretoria, specializing in Tax and Banking Law. Shaun has been involved, and participated in, several high profile commercial and criminal matters. Whilst Shaun mostly applies his trade in commercial and criminal law, he has also grown a keen eye for administration of estates and insolvency law.
Saul completed his Bcomm and LLB degrees at the University of the Witwatersrand and thereafter studied an LLM specialising in International Business Law at Queen Mary University of London. Saul currently works in the commercial litigation and commercial drafting department and has a keen interest in corporate restructuring, commercial law, tax and insolvency law.
Courtney completed her Bachelor of Arts (Law) and LLB, graduating from the University of Johannesburg in 2018. She is currently in a department specialising in commercial litigation. Courtney is passionate about commercial litigation specifically dealing with contractual disputes and breach of directors duties. She is also interested in matters dealing with labour law and commercial drafting.
Stefan completed his LLB at the North West University, Potchefstroom Campus in 2017. He currently works in the commercial litigation and Medicinal & Recreational Cannabis department. His interests currently lie in the commercial and cannabis related sectors of law. He is also currently completing his LLM through the university of UNISA.
Elani is currently a candidate attorney in a department which deals with Commercial Litigation, Drafting, Dispute Resolution, Gambling Law, Municipal Law, Property Law and Pro Bono matters. Her legal interests lie in commercial drafting and litigation, medical law and family law.
Anja attended the University of Pretoria and obtained her LLB degree, with merit, in December 2013. She completed her articles with specialisation in property law, specifically in evictions. In March 2015, she was admitted as an attorney of the High Court and obtained my right of appearance in the High Court of South Africa a month later. Anja deals mostly with landlord-tenant disputes, commercial evictions, rental agent's retainers, property management, rental and damages claims.
Caitlin completed her Bachelor of Arts (Law) and LLB, graduating cum laude, at the University of the Witwatersrand. She thereafter served her articles at Schindlers and was admitted as an attorney of the High Court of South Africa in 2016. She has been involved in numerous commercial, civil litigation, medical negligence, intellectual property and insolvency matters. She is particularly interested in commercial litigation and intellectual property.
Chantelle specialises in all areas of commercial and residential property practice and litigation, including municipal property law, public and administrative law relating to property, sectional title body corporate management, evictions, general property management and property-owning enterprise management, as well as corporate restructurings and corporate taxation matters.
Chantelle has a Master’s Degree in Advanced Property Law from UNISA, and is pursuing her Doctorate in Municipal Law with TUKS. She is also an admitted notary and conveyancer as well as being Chairperson of the Joburg Attorneys’ Association and co-chairperson of the Gauteng Attorneys’ Association.
David Hepburn became a Partner of Schindlers in March 2001. He previously practiced in Cape Town as an Associate with the firm Buchanan Boyes.
David specialises in all aspects of commercial law.
Danmari obtained her BA and LLB degree at the University of Pretoria. She is currently a Candidate Attorney and attends to civil and commercial litigation matters, with experience in property law. Danmari also has a keen interest in court attendance, family law and alternative dispute resolution.
Sean completed his BA and LLB degrees at the University of the Witwatersrand in 2018. He is currently working in the commercial litigation and commercial drafting department. He has a keen interest in commercial law, competition law as well as labour law.
Katya obtained her LLB degree at the University of Witwatersrand in 2017 and began working at Schindlers in January 2018. She specialises in Commercial and General Litigation and has experience in Commercial Drafting. Katya also has a keen interest in Cyber Law, Gambling Law and Mediation.
Keane obtained his LLB from the University of Cape Town and was admitted as an attorney of the High Court of South Africa in 2012. He has extensive experience in the corporate and commercial law environment and has advised numerous local and international clients on corporate restructuring; mergers and acquisitions; capital raising; corporate governance; and general corporate and commercial advice and opinions. Keane regularly drafts and settles sale of business agreements; sale of share agreements; subscription agreements; bespoke constitutional documents and shareholders’ agreements; black economic empowerment restructuring and related transactions.
Stefano de Gouveia
Stefano obtained his BCom in Economics and Law. He has a keen interest in all corporate and commercial law and completed electives in Tax, Legal Practice, Trusts and Estate planning, and Developments in Company Law. He is currently a Candidate Attorney in the commercial litigation and commercial drafting department.
Lisa obtained her LLB degree from the University of the Witwatersrand and was admitted as an attorney of the High Court of South Africa. Lisa mainly deals with Sectional Title, Home Owners Associations (“HOAs”), Share Block Companies and property related disputes, CSOS related queries and disputes, arrear levy collections, landlord and tenant disputes, rental and damages claims and evictions. Lisa has experience in drafting a variety of legal documentation such as commercial contracts, Memorandum of Incorporation (“MOIs”), wills, management and conduct rules for Sectional Title Schemes and HOAs. Lisa has also dealt with various matters encompassing, commercial, criminal, forensic, insolvency and international law.
Marc attended the University of Pretoria obtaining his LLB degree in 2018.Marc is currently a Candidate Attorney in the Property and Municipal Law department. He has an interest in public law and public international law, but particularly enjoys Property Law and Public Litigation.
Paul-Michael commenced articles of clerkship with Schindlers in 2010 and has been an admitted attorney with Schindlers since 2013. He specializes in commercial and general litigation, has argued opposed High Court motions, is extensively experienced in arbitrations and alternative dispute resolution. Recently, he spearheaded a Constitutional challenge against the laws prohibiting cannabis (marijuana/dagga) use and possession in South Africa and presently assists in drafting license applications to the Department of Health and Medicines Control Council for the growing of cannabis for medicinal purposes.
Ayanda completed his B com LLB at WITS and has been involved in commercial litigation over a broad spectrum including but not limited to contractual, labour and general commerce disputes. As such, he is competent to advise on various avenues of commerce and has a strong interest in specialising in mining compliance, commercial drafting, competition law and corporate re-structuring.
Dominique completed her studies at the University of Johannesburg in 2013, whereafter she commenced articles of clerkship. She joined Schindlers Attorneys in January 2016 and was admitted as an attorney of the High Court of South Africa in June 2016. Her legal interests include Commercial Litigation, Civil Litigation, Family Law, Labour Law and Property Law.
Nicola obtained her BCom and LLB degrees from the University of the Stellenbosch and was admitted as an attorney in 2014. Nicola works in the family law and litigation department. She has experience in commercial litigation and spesialises in all areas of family law such as divorce, maintenance, disputes around parental rights and responsibilities, domestic violence and antenuptial contracts. She is an accredited divorce mediator and also has a keen interest in personal injury law, in particular medical negligence.
Phathu obtained his LLB degree from Wits University in 2014. He served as a Judge’s Registrar for 3 years at the Gauteng Local Division of the High Court where he was extensively exposed to case management, court practice and litigation in matters from various areas of law. He is interested in litigation and has a keen interest in Labour Law, Criminal Law, and Family Law. He has worked in the Conveyancing Department where he dealt with matters involving litigation and dispute resolution relating to Property Law. He is currently working in the Municipal Law Department where he deals mainly with civil litigation in the High Court.
Megan attended Wits and completed a BA (Law and Media Studies) and LLB, graduating cum laude. She is currently working as a candidate attorney in commercial litigation and commercial drafting. Megan is extremely passionate about employment law.
Andrew completed his BCom and LLB at Rhodes University in 2016 and subsequently began his articles at Schindlers. He currently works in the commercial litigation department. His interests currently lie in the commercial and labour sectors of law.