Ƶ

Dispute Resolution Agreement for South Africa

Dispute Resolution Agreement Template for South Africa

A comprehensive legal agreement governed by South African law that establishes a structured framework for resolving disputes between parties through alternative dispute resolution methods. The document incorporates provisions compliant with the South African Arbitration Act and International Arbitration Act, outlining procedures for negotiation, mediation, and arbitration. It includes detailed processes for appointing mediators and arbitrators, conducting proceedings, allocating costs, and enforcing decisions, while ensuring alignment with South African constitutional principles of access to justice.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Dispute Resolution Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Dispute Resolution Agreement?

The Dispute Resolution Agreement serves as a crucial legal framework for parties seeking to establish clear, efficient, and cost-effective mechanisms for resolving disputes outside traditional court proceedings in South Africa. This document is particularly valuable for commercial relationships where parties wish to maintain confidentiality and business relationships while resolving conflicts. The agreement complies with South African legislation, including the Arbitration Act 42 of 1965 and the International Arbitration Act 15 of 2017, making it suitable for both domestic and international dispute resolution. It typically includes comprehensive procedures for negotiation, mediation, and arbitration, along with provisions for appointment of neutral parties, cost allocation, and enforcement mechanisms. The document is commonly used in commercial contracts, shareholder agreements, and various business arrangements where parties prefer alternative dispute resolution over litigation.

What sections should be included in a Dispute Resolution Agreement?

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement and the relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Scope of Agreement: Types of disputes covered by the agreement and its application

5. Good Faith Negotiations: Obligation and process for initial good faith negotiations between parties

6. Mediation Process: Detailed procedures for mediation, including mediator appointment and conduct

7. Arbitration Procedures: Comprehensive arbitration rules, tribunal constitution, and procedural framework

8. Costs and Fees: Allocation of costs for different dispute resolution processes

9. Confidentiality: Confidentiality obligations regarding the dispute and resolution processes

10. Notices: Methods and requirements for serving notices under the agreement

11. General Provisions: Standard contractual provisions including governing law, variation, and severability

What sections are optional to include in a Dispute Resolution Agreement?

1. Expert Determination: Procedures for expert determination in technical disputes

2. Emergency Relief: Provisions for seeking urgent interim relief measures

3. Multi-tiered Dispute Resolution: For complex agreements requiring multiple resolution stages

4. International Enforcement: Additional provisions for cross-border enforcement of decisions

5. Online Dispute Resolution: Procedures for conducting dispute resolution through electronic means

6. Industry-Specific Procedures: Special provisions for industry-specific dispute resolution mechanisms

7. Appeal Procedures: Optional appeal mechanisms for arbitration awards

What schedules should be included in a Dispute Resolution Agreement?

1. Schedule 1: Mediation Rules: Detailed rules and procedures for the mediation process

2. Schedule 2: Arbitration Rules: Comprehensive arbitration rules and procedures

3. Schedule 3: Fee Schedule: Schedule of fees for mediators, arbitrators, and administrative costs

4. Schedule 4: Notice Forms: Template forms for various notices under the agreement

5. Schedule 5: Appointment Procedures: Procedures for appointing mediators and arbitrators

6. Appendix A: Code of Ethics: Ethical guidelines for mediators and arbitrators

7. Appendix B: Confidentiality Undertaking: Standard form confidentiality agreement for participants

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses





























Relevant Industries

Financial Services

Mining

Manufacturing

Technology

Retail

Construction

Professional Services

Energy

Telecommunications

Healthcare

Real Estate

Agriculture

Transportation

Education

Entertainment

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Corporate Governance

Business Development

Operations

Human Resources

Finance

Executive Leadership

Relevant Roles

Legal Counsel

Commercial Director

Chief Executive Officer

Chief Legal Officer

Contract Manager

Risk Manager

Compliance Officer

Business Development Manager

Corporate Secretary

Operations Director

Project Manager

Human Resources Director

General Manager

Chief Financial Officer

Managing Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Settlement Agreement Landlord Tenant

A South African law-compliant agreement that documents the resolution of disputes between landlords and tenants, setting out settlement terms and mutual obligations.

find out more

Compromise Agreement Redundancy

A South African legal agreement that documents redundancy terms and provides mutual protection for employer and employee under South African labor law.

find out more

Accident Agreement

A South African law-governed agreement that documents settlement terms between parties involved in a vehicular accident, including liability, compensation, and mutual release of claims.

find out more

Retrenchment Settlement Agreement

A South African law-governed agreement that documents the terms and conditions of an employee's retrenchment, including severance package and final settlements.

find out more

Accident Settlement Agreement

A South African law-governed agreement that settles claims and establishes payment terms between parties involved in an accident-related dispute.

find out more

Wage Settlement Agreement

A South African legal agreement documenting negotiated wage terms between employers and employees, outlining wage increases and implementation details under local labor laws.

find out more

Mutual Settlement Agreement

A South African law-governed agreement documenting mutually agreed terms to resolve disputes or claims between parties, including settlement terms and releases.

find out more

Settlement Agreement Payment

A South African law-governed agreement that documents the terms and conditions of a monetary settlement between parties, including payment terms and release of claims.

find out more

Labor Settlement Agreement

A South African law-governed agreement that documents settlement terms between employer and employee, providing full and final resolution of employment-related claims.

find out more

Unfair Dismissal Settlement Agreement

A South African settlement agreement resolving an unfair dismissal dispute between employer and employee, compliant with local labor laws.

find out more

Tripartite Settlement Agreement

A South African law-governed agreement that formalizes settlement terms and obligations between three parties.

find out more

Separation And Settlement Agreement

A South African law-compliant agreement that formalizes separation terms between partners, including asset division, financial arrangements, and related obligations.

find out more

Selling House Divorce Agreement

A South African legal agreement combining divorce settlement terms with property sale conditions for the disposal of matrimonial property.

find out more

Good Settlement Agreement

A South African legal document used to resolve disputes related to goods transactions, outlining settlement terms and conditions under SA commercial law.

find out more

Global Settlement Offer Divorce

A comprehensive divorce settlement agreement under South African law that outlines all terms of separation between divorcing spouses, including asset division and maintenance arrangements.

find out more

General Mutual Release Agreement

A South African law-governed agreement where parties mutually release each other from all claims and liabilities, providing a comprehensive settlement of potential disputes.

find out more

Consent Judgment Settlement Agreement

A South African legal document that converts a settlement agreement into an enforceable court order by mutual consent of the parties.

find out more

Binding Settlement Agreement

A legally binding agreement under South African law that documents the terms and conditions of a dispute settlement between parties.

find out more

Work Settlement Agreement

A South African legal document that formalizes the settlement terms between employer and employee for resolving employment disputes or termination.

find out more

Settlement Agreement With Agreed Judgment

A South African settlement agreement incorporating terms for an agreed court order, combining settlement terms with enforceable judgment provisions.

find out more

Mutual Consent Divorce Agreement

A South African legal agreement documenting mutually agreed terms for divorce, including asset division, maintenance, and children's arrangements where applicable.

find out more

Landlord Tenant Settlement Agreement

A South African law-governed agreement that documents the settlement terms between landlords and tenants, resolving their rental property disputes.

find out more

Inheritance Settlement Agreement

A South African law-governed agreement that formalizes the distribution of a deceased person's estate among beneficiaries, detailing asset allocation and settlement terms.

find out more

Full And Final Settlement Agreement For Employee

A South African law-compliant agreement that documents the final settlement terms between employer and employee upon employment termination.

find out more

Car Settlement Agreement

A South African law-governed agreement that documents the settlement terms and conditions for motor vehicle-related transactions or disputes.

find out more

Divorce Settlement Agreement Pension Fund

A South African law-governed agreement detailing the division of pension fund benefits between divorcing spouses, in compliance with the Pension Funds Act and Clean Break Principle.

find out more

Divorce Settlement Agreement Immovable Property

A South African law-governed agreement detailing the settlement of immovable property between divorcing spouses, including transfer terms and obligations.

find out more

Pre Litigation Settlement Agreement

A formal agreement under South African law for resolving disputes between parties before initiating court proceedings, outlining settlement terms and mutual obligations.

find out more

Neutral Reference Settlement Agreement

A South African law-governed agreement establishing settlement terms between employer and employee, including provisions for neutral employment references.

find out more

Debt Compromise Agreement

A South African law-governed agreement that formalizes the settlement of debt for a reduced amount or modified terms between creditor and debtor.

find out more

Bullying Settlement Agreement

A South African law-governed agreement that resolves workplace bullying incidents, outlining settlement terms and preventive measures in accordance with local labor legislation.

find out more

Personal Injury Settlement Agreement

A South African law-governed agreement that settles a personal injury claim between injured and responsible parties, detailing settlement terms and mutual obligations.

find out more

Funeral Agreement Settlement

A South African law-governed agreement detailing funeral service settlement terms between service providers and clients, incorporating regulatory compliance and service specifications.

find out more

Release And Settlement

A South African law-governed agreement that documents the settlement of disputes between parties, including terms of settlement and mutual releases.

find out more

Small Claims Settlement Agreement

A legal agreement used in South African small claims courts (claims up to R20,000) to document settlement terms between parties in a dispute.

find out more

Relationship Settlement Agreement

A South African law-governed agreement that formalizes settlement terms between separating parties, including asset division, financial arrangements, and mutual obligations.

find out more

Mortgage Settlement Agreement

A South African law-governed agreement that sets out terms for settling and discharging a mortgage bond, ensuring compliance with local banking and property legislation.

find out more

Final Divorce Agreement

A legally binding agreement under South African law that sets out the complete terms and conditions for divorce settlement between spouses.

find out more

Divorce House Buyout Agreement

A South African legal agreement facilitating property transfer between divorcing spouses where one party buys out the other's share of the matrimonial home.

find out more

Severance Settlement Agreement

A South African law-compliant agreement documenting terms of employment termination, including severance payments and mutual obligations between employer and employee.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it