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