To SUE OR NOT TO ? Is it always wise to approach the court or litigate on every matter ?

Have you ever heard of “alternative dispute resolution?”(ADR).

One of the services Frank Morgan Attorneys provides to our clients, and other interested parties; is alternative dispute resolution procedures.

These procedures broadly speaking include interventions, mediation, arbitration and other dispute resolution procedures and methods to settle disputes between two parties without proceeding with a civil court action; which could cost tens of thousands of Rands; take two years to finalise; and, if you lose, you have to pay a portion of the other person’s costs.

Alternative dispute resolution is cheaper, quicker and more efficient.

Here is an example of such a situation; which we dealt with during the course of this last month.

An owner of a property( landlord ) and a small scale construction company entered into a building contract last year. A dispute arose and a standoff ensued with the owner refusing to pay the construction company any more money; and the builder refusing to return to the building site.

The owner referred the matter to us. The written contract, in the event of a dispute arising; provided for arbitration; and failing that, litigation. Very lengthy costly procedures.

We mediated the dispute by agreement between the parties and met with both the owner and the builder individually and together; and settled the matter between them; with a further agreement between them that the current contract would be cancelled by agreement; and each would go their own way. It took 2 days and cost the owner, our client, R3,700.00

Is that not a more efficient and cost effective way of dealing with a dispute; than attorneys and litigation costs?

If you are wanting to enforce your legal rights and/or when you have a financial or other dispute with someone; it is always wise to first get proper, professional legal advice before you do anything else. You need to know exactly where you stand, and always choose cost effective legal procedures when handling disputes.