AFSA GARDEN ROUTE

AFSA Garden Route is a branch of The Arbitration Foundation of Southern Africa (“AFSA”), a private dispute resolution authority which manages and administers the confidential resolution of a wide range of local and international disputes by way of mediation and arbitration.

The Garden Route Branch, which is situated in George, serves the Southern Cape region and includes Plettenberg Bay, Knysna, George, Mossel Bay, Riversdale, Stilbaai, Oudtshoorn and surrounding areas. The Branch’s address and contact details are as follows: Third Floor, Dynarc House, 31 Courtenay Street (corner Courtenay and Meade Streets), George, telephone number: 044 630 0800, fax number: 086 662 9205, email: admin@afsagardenroute.co.za, website: www.afsagardenroute.co.za.

The website contains, inter alia, information regarding requests for arbitration and mediation, applicable rules, administration fees, panels of arbitrators and mediators, model arbitration and mediation clauses to be included in agreements, founding members and contact details.

As appears from the fee structure applicable to domestic arbitrations, the Branch caters not only for large commercial matters but also for cases that fall within the monetary jurisdiction of the Magistrate’s Court where cost-effective resolution of disputes are often determinative of the realisation of litigants’ right of access to justice. There is a commonly held misconception that arbitrations are necessarily more costly than litigation in the courts. A perusal of the AFSA Commercial Rules, which are available on the website, however, shows that the arbitration process requires thorough preparation of the case from the very outset which leads to the early and clear identification of the real issues in dispute. This, in turn, leads to the possibility of an early settlement or, if the matter has to proceed to a hearing, a materially shortened, speedy and effective hearing of the material disputes followed by a timely, well-reasoned written award. Experience has shown that this approach, which avoids unnecessary delays and postponements, leads to efficient and cost-effective resolution of disputes regardless of the complexity or intricacy of the case.

Mediation has of late gained prominence as a preferred alternative dispute resolution mechanism, especially in view of the civil justice system increasingly pricing itself out of reach of most people and thereby limiting access to justice. It is especially useful for resolving labour, community, family and commercial disputes where the maintenance of a continued relationship between the parties is of paramount importance. Administered mediation makes fast, cost-effective and conciliatory dispute resolution a possibility in suitable cases.

AFSA Garden Route is fortunate to have highly qualified and experienced arbitrators and mediators of varying levels of seniority, who are prepared to make their services available at reasonable and realistic rates, as panellists. In the event of the parties not being able to agree on an arbitrator or mediator, the Branch will appoint a suitable person depending on the nature and extent of the disputes in question.