Real Estate Investor Magazine South Africa December 14/ January 15 | Page 50
LEGAL
Mediation
vs
By Advocate Jacques Joubert
Arbitration
How to resolve disputes and avoid litigation...
A
nyone involved in the building, construction
and real estate environment knows how
expensive conflict and disputes can be,
especially if the conflict is driven by anger.
A sub-contractor fails to meet a deadline and blames
the main-contractor for causing the delay. The maincontractor reacts angrily and a cycle of accusations and
counter-accusations follows, culminating in conflict
that can be difficult to contain. In anger they turn
to their legal representatives who advise them not to
talk to each other, as this may compromise their legal
positions. The effect of this is that parties rarely get the
opportunity to