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.

 

2.4.2.1.            This process is “inquisitorial” instead of “adversarial” (i.e. the adjudicator

                   digs for the truth, instead of only weighing up competing contentions).

 

2.4.2.2.          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.

 

2.6.2.1. This process is “inquisitorial” instead of “adversarial” (i.e. the adjudicator

              digs for the truth, instead of only weighing up competing contentions).

 

2.6.2.2. 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

            under curatorship);

 

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 adjudication@schindlers.co.za.