There are many benefits for parties in resolving disputes through Alternative Dispute Resolution (ADR) methods rather than through traditional court structures. At the forefront of these benefits are considerations of cost, flexibility, confidentiality, expediency and expertise.
ADR is increasingly used to resolve complex disputes, outside or in addition to formal court proceedings. Arbitration and mediation are the most common forms of ADR. ADR methods are used outside, or in addition to, formal court proceedings.
Our dispute resolution specialists have an established track record of representing parties in using arbitration and mediation proceedings, as well as using hybrid forms combining these processes to resolve disputes.
We have extensive experience in advising on domestic and regional commercial arbitration matters and investment law disputes. We have acted for claimants and defendants in many complex, high-value commercial and investment treaty arbitration.
We advise on every phase of the dispute process: negotiating the arbitration clause, managing the conflict at a project level, declaring and prosecuting or defending the claims and seeing the matter through to enforcement.
Many of our team members have acted as mediators in commercial disputes and understand the mediation process from all perspectives.
As a first step, we consider whether mediation is an appropriate option. In our experience, successful mediation requires real motivation from the parties to want to settle. Without this level of commitment, mediation processes can protract resolving the dispute though other means.
Once it is clear that mediation is a viable option, we assist clients in preparing for mediation by providing advice and counsel during the mediation process. If a solution is agreed between the parties, we draft the necessary settlement agreement to record the resolution. Should mediation fail, we can guide clients on the next steps.
Afrilex Associates is a modern regional law firm with presence in Tanzania, Zanzibar and Rwanda. Its team of Partners, Advocates and Associates has unrivalled experience of working with multi-national companies, public companies and private persons within and outside the East African region.