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.