Articles by NEA Inc.

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Filter: Dispute resolution
Mediation now an option in Magistrate Court matters

26 July 2023

Mediation has for a number of years been a viable option for litigants in the High Court to attempt to... speedily resolve their dispute. The mediation option, as an alternative form of dispute resolution, has now also been incorporated into the Rules Regulating the Conduct of Proceedings of Magistrate’s Courts (“Magistrate’s Court Rules”) under Rules 70 – 79. This amendment, which came into operation on 9 June 2023, deals with how civil matters are dealt with in the Magistrate’s Courts and specifically includes mediation as an option for parties involved in litigation. 

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118
Article
Settle your dispute with a settlement agreement

28 March 2023

In dispute resolution matters, the settlement agreement has become an important tool to cut short protracted conflict and litigation and... for parties to agree to a full and final settlement of their dispute. In this article, we explore in a bit more detail how and when a settlement agreement should be used to settle a dispute.

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210
Article
The importance of mediation, adjudication and arbitration in construction disputes

20 October 2022

Parties to construction projects easily get nervous when they see provisions in the agreement that demand that disputes be referred... to mediation and/or arbitration. Why have these provisions, and do they water down the enforcement of their rights? In this article, we unpack why clauses such as these have become the norm in the construction industry and should be welcomed.

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255
Article
Is arbitration a good option for solving legal disputes?

14 December 2021

Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these... with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?

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247
Article
Can you remove the executor of a deceased estate?

08 August 2018

My father recently passed away and in his will nominated a financial institution as the executor of his estate. It’s... now been months and the financial institution has made no progress with the administration of the estate. I know an attorney that is willing to administer the estate for me, but the financial institution refuses to allow him to take over the executorship of the estate. Can I have the institution removed as the executor of the estate?

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241
Article
Grandparents have rights too!

12 July 2018

I practically raised my grandchildren for the first few years of their lives and am very close to them. Unfortunately,... my son recently passed away and now their mother refuses that I see them. Is there anything I can do?

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223
Article

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