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 TERMS AND CONDITIONS: WHY YOU SHOULD HAVE THEM, CONTENT & THE IMPACT OF COVID 19

Welcome back folks!  The next reason you should have comprehensive T&C is to try and 'avoid' litigation by the parties agreeing to pursue different forms of what is collectively referred to as 'alternative dispute resolution' ('ADR')

The following principles should be applied whichever ADR option you apply i.e. have and manage tight deadlines - record proceedings in writing and check both parties agree on content of minutes - if agreement is reached, reduce to writing and get duly authorised representative of each party to sign.

Here are the options:

  1. Negotiation: this would simply be a commercial discussion between the parties and can be if required without prejudice and off the record. It is part of the brand management I'm always on about. 
  2. Facilitation: this would require a third unbiased mutually agreed upon third party to 'guide' the meeting and keep everyone 'cool, calm and collected'. 
  3. Mediation: this is slightly more formal but the same principles apply and the aim is again for a 'quick and practical' solution.
  4. Arbitration: this is formal and prescribed, agreed upon rules will apply e.g. the SA Arbitration Foundation. Please be aware of the misconception that this is cheap as it is not.

Benefits of all of the above options (over litigation) is that (Other than arbitration) it is much cheaper - quicker - less or no 'red tape' - it can be completely off the record/confidential.

Copyright Adv Louis Nel t/a louis-THE-lawyer
July 16 2020

DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances.

LEGAL ADVICE CLUB ('LAC') - You can obtain specialized tourism advice from Louis (38 years in tourism) on an hoc basis via the COVID SPECIALS for SATSA members (1) 10 minutes of pro bono (Free) advice via a phone call or e-mail and/or (2) by joining his LAC for which the joining fee & hourly rates have been reduced by 30% AND you can pay the joining fee over 3 (three) months! The fee for the 1st hour is now only R500, 00.

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