ABSTRACT

Arbitration, conciliation and negotiation are important alternative dispute mechanisms. These procedures may be utilised for virtually any subject area as a replacement to the court procedure. However, they are most often used in commercial law and labour law. In commercial law matters, an arbitration clause will usually be inserted into the relevant commercial contract. In contrast, in labour law matters, arbitration, where it exists, is often effected by statute. Although beyond the scope of this book, we should note that more recently, even the courts in the region have moved to a system whereby mediation is used as a mandatory, preliminary mechanism for settling certain disputes.1