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Mediation as the Best Dispute Resolution Tool

  • April 15, 2020
  • Abigail Reynolds (Corporate & Commercial Law Specialist)

With the Nation Lockdown in full effect, all industries are feeling the strains and increased pressures of the limitations necessary to combat the spread of COVID-19. The buildings that house and entities that service the law in our country are no exception. With many courts closed to all but the most urgent matters and legal advisors and representatives forced to work remotely, mediation is now more than ever an essential tool in dispute resolution.

Legal mediation is the process by which a qualified mediator assists in a legal dispute by facilitating discussions between said parties, assisting in identifying key issues and points of conflict, exploring areas of compromise, suggesting options for resolution that are favourable for all involved, and ultimately resolving conflict without the involvement of a tribunal body. At Reynolds Attorneys, we are active campaigners for the use of mediation in conflict situations where going to court can be a costly, unnecessary and sometimes ineffective strategy.

Aside from excess costs, both to your pocket and possibly to your case, navigating the legal system can often also lead to delays in resolution in litigation as well as arbitration efforts. The South African legal system in particular is one that is under duress at the best of times, and the existing backlog will only be exacerbated once delayed cases rush to courts once the lockdown limitations are lifted. The added pressures may also not allow for the best solution for either party given the current circumstances, making mediation not only favourable, but a necessary option for optimal resolution.

Principal Attorney, Abigail Reynolds, is a qualified and practising mediator. With her specialised experience in and niche understanding of corporate and commercial law, she is perfectly positioned to assist as a mediator in matters relating to lockdown-specific payment plans, negotiating around commercial fallouts from force majeur situations, and a range of other legal affairs and disputes. No matter the complexity or polarity of a particular case, Abigail is skilled at contriving creative solutions that suit both parties without the hassle, costliness and often inflexible outcomes of court proceedings.

Reynolds Attorneys is also designed to function as a remote firm, an ideal business blueprint during the National Lockdown. Our experience working from a non-centralised environment has enabled us to historically offer our clients optimum clarity and responsiveness without the inconvenience of travel – a mandatory model in the current climate. We are fully functional during the lockdown period and equipped to offer remote mediation for all involved parties, saving you time, money and the unavoidable delays of formal litigation. Contact us to learn more about how we can assist in mediating your legal disputes and providing clarity during this uncertain and unprecedented time.

About the author

Abigail Reynolds (Corporate & Commercial Law Specialist)

Abigail Reynolds is the founder and Principal Attorney of Reynolds Attorneys. She is a Corporate & Commercial Law Attorney and Qualified Mediator, and sits on the Company Law Matters Committee of the Law Society of South Africa, as well as the Commercial, Company, Consumer and Tax Law Committee of the Cape Law Society.
  • Mediation & Arbitration
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Nicole Copley

NGO law

Nicole Copley is an NGO lawyer who works for NGO clients all over South Africa and internationally. She qualified with a BA LLB LLM (Tax) from the University of KwaZulu-Natal, Durban (with a Masters in tax exemption), and is a Master Tax Practitioner SATM.

Nicole advises on, drafts and amends founding documents for and sets up every sort of organisation required by South African NGOs. She makes tax exemption and 18A (deduction of donations) applications, and applications to be registered with the Nonprofit Organisations Board. She (and her team) keep registrations up to date and assist with compliance and reporting. She also NPO reporting and other services. She advises on re-structuring and assists not-for-profits in understanding and applying the useful provisions of B-BBEE.

She also does commercial drafting work for her NGO clients, vetting and drafting agreements for them. She works for a wide range of types and sizes of organisations and aims to provide a pragmatic and efficient service. Her decades of experience in consulting to NGOs means she takes the long view, is focused on governance, ethics, credibility and sustainability and steers clients away from quick fixes, helping them build/renovate so that the organisation outlasts current office bearers.

Nicole works with other consultants to the not-for-profit sector, collaborating on training, newsletters, advising government on legislation for the sector and, most recently, a series of practical guides for the sector, called “NGO Matters”, originally published by Juta but now published by Nicole as NGO Matters Publications.

She has been a consultant since 2019.

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