Ask Experienced Practitioners | ADR Questions and Answers | 27 November 2026

ADR QUESTIONS AND ANSWERS
(27 November 2026)

Our Experienced Practitioner, Mr Jonathan Mitchell (Western Cape Regional Chairman), will present this interactive online workshop as part of the Association’s ongoing mission to provide regular upskilling opportunities for everyone with an interest in alternative dispute resolution (ADR) and answer your questions.

Join us for this interactive event, expand your skills and expand your knowledge.  Be prepared to join an intensive discussion.

TOPICS FOR DISCUSSION

The following questions are for discussion, debate and deliberation at the workshop:

1. What are the advantages to a Claimant in terms of the JBCC Adjudication Rules when a Claimant refers a dispute for resolution to adjudication as opposed to arbitration?
2. How should an Arbitrator handle a hearing where one party is legally represented, but the other party is not?
3. What should an Arbitrator do when he/she realises, after reading the pleadings, that he/she has previously been involved with one of the parties/directors of a party?
4. What should an Arbitrator do when one of the parties refuses to co-operate and participate in the arbitral proceedings and refuses to attend a preliminary arbitration meeting, although he/she is bound by an arbitration agreement?
5. What can an Arbitrator do if the Respondent to the arbitral proceedings fails to file its Statement of Defence timeously and continually requests an extension of time for its filing?
6. What should an Arbitrator do when a Respondent has amended its Statement of Defence and Counter Claim five times already and now requests to amend same for a sixth time, which will cause serious delay and disruption to the arbitral proceedings?
7. What should an Arbitrator do when, at the hearing, Counsel for Claimant states that the Respondent does not have locus standi in these arbitral proceedings?
8. If an Arbitrator has made an error in his/her award, by awarding R100 000 in favour of Claimant when he/she meant to award R1 000 000 in favour of Claimant, can he/she recall the award to make corrections thereto?
9. What should an Arbitrator do when he/she receives an application that his/her award is going to be challenged in the High Court, alternatively taken on review in the High Court?
10. Should the Arbitrator allow Expert Witnesses of the two respective parties to sit in at the hearing at the same time?
11. Should the Arbitrator allow witnesses on fact from the two respective parties to sit in at the hearing at the same time?

WHO SHOULD ATTEND?

• ADR practitioners (arbitrators, adjudicators, mediators);
• Contract consultants;
• Claims consultants;
• Party representatives;
• Contractors;
• Employers;
• Project Managers;
• Insurance practitioners;
• Legal practitioners;
• Anybody involved in or interested in ADR.

OUR EXPERIENCED PRACTITIONER

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DATE

Friday, 27 October 2026, 10:00 to 12:00 (SAST)

VENUE

Attend online via Zoom.

COST (Incl. VAT)

Association’s Members:      R0.00
ACPM, BIArb, CESA, ICE-SA, MBA, RICS, SAICE and WISA Members:      R50.00
Non-members:      R100.00
Students, university students, candidate attorneys, pupil advocates and professional trainees can attend free of charge.

REGISTER

Expand your skills and knowledge.

Click here to register:

 

 

ENQUIRIES

Contact Miss Michelle Venter (Financial Manager):

Email: michelle@arbitrators.co.za
Tel.: +27 11 884 9164/5

WEBINAR DETAILS

Refer to the Brochure for more information.

 

LOOKING FORWARD TO SEEING YOU ON FRIDAY, 27 NOVEMBER 2026 AT 10:00 VIA ZOOM!

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WHAT ATTENDES SAID …

REVIEWS

Mr Tunji Adeniran: “The workshop was excellent and very productive.“

Mr Braam Auret: “Thank you Jonathan for your time and sharing of knowledge/experience in the field of Arbitration.  Thank you Rochelle and Michelle for your dedication to the Association and members.“

Adv Kiki Bailey SC: “Great attendance and participation Jonathan, thank you!“

Mr Sharm Bauchoo: “Presently attending an Association of Arbitrators Workshop ‘Powers and Duties of an Arbitrator’ presented by Adv Pierre Rossouw SC. As usual, a well presented and knowledgeable presentation.“

Mr Derek Bonheim: “Thanks very much – great as usual.“

Prof David Butler: “This was an excellent workshop.  The presenter mentioned that it was aimed at upskilling participants and that it was designed and intended for people at various levels of experience in ADR. “

Prof David Butler: “The panel’s approach of sticking to the questions as put was correct.  They also based their answers on the Rules, the Act and case law.“

Mr Devis Cristin: “A great learning experience.“

Mr Devis Cristin: “Interesting content and very worthwhile.“

Mr Benti Czanik: “Excellent.“

Mr Pieter de Klerk: “Just a note of gratitude for the insight into the world of dispute resolution.  It’s really a privilege to hear the experienced professionals’ opinions.  Special thanks to the presenter and admin.“

Mr Thulani Gumede: “Very insightful deliberations.“

Mr Nigel Haupt: “Highly informative and helpful to arbitrators still new in the field.“

Mr Nigel Haupt: “Excellent as usual.“

Mr Robin Hoogwerf: “Very useful.”

Mr Knowledge Kwari: “This was a very educative workshop reminding us of things we take for granted.“

Mr Oteng Mamparanyane: “Great practical upskilling.  Cross-section of experiences shared is invaluable.”

Mr Oteng Mamparanyane: “The best workshop by far.  The interaction by/with attendees, from their practical experiences, was most rewarding.  Learned in two hours what would take several months.“

Mr Oteng Mamparanyane: “Mabel Jansen gave insightful legal aspects to all the questions.  I found that quite illuminating.“

Mr Peter Mashai: “The workshop was well structured and organised.“

Mr Benni Matsoso: “Presentation was brilliant.“

Mrs Blessings Mlambo: “It was amazing to observe participants voluntarily sharing key nuggets applicable to arbitration.  Somehow comforted me as a recent graduate to know there isn’t a fixed formula to ADR, even experienced arbitrators still asked questions and pointed out mistakes.  The platform allowed everyone to be human, vulnerable and be supported by others.  It was an insightful collaboration with excellent results.“

Miss Pabalelo Mogano: “I really enjoyed the workshop, and I appreciate the knowledge that we received, more especially that I am a student.“

Ms Gift Mogodi: “After attending this workshop, I would like to be a professional arbitrator, thanks to Mr Peter Davies who have introduced me to you law experts, indeed you are gurus.“

Ms Gift Mogodi: “May we kindly have three hours, the session was very informative.“

Mr Jones Moloisane: “… Keep up the good work.”

Mr Richard Morgan: “Well done, more of these type of webinars – always new things to be learnt.“

Mr Richard Morgan: “Always learn something more. Well done, good talk. Thank you.“

Miss Caroline Motshwane: “Very informative session.  Learning from experienced colleagues helps me to familiarise myself with the practice of arbitration.  Thank you.“

Mr Pius Mphathiwa: “The workshop was insightful for arbitration students.“

Mr Ophias Mupasiri: “Insightful.“

Adv Siyabonga Nelani: “It was very informative especially for a person such myself who has no experience in this filed and trying to get my feet on the ground and using baby steps whilst I still maneuver my way around.“

Mr Thabiso Ngozwana: “Excellent learning platform. Please keep them coming.“

Mr Thabiso Ngozwana: “It is a refreshingly excellent idea to have workshop that deals with frequently encountered questions only.  Please keep them coming!!!“

Mr Setuka Nkadimeng: “These workshops are helpful and empowering. thank you!“

Ms Andiswa Nkosi: “It was a very informative session.  I learnt a lot about the Rules in arbitrations concerning dismissal of claims, establishing the jurisdiction of an arbitrator and arbitrator’s funds in general.“

Mr Sandiso Nqweshi: “It was a very informative workshop, and I am happy in the matter it was conducted.“

Mr Paballo Nthoba: “The contents were informative.“

Mr Mzamisi Nzimande: “I liked the way the session was set up where everybody was allowed to share their inputs and experiences.“

Mr Leonard Oosthuizen: “Substantial clarity was obtained from the informative discussions. Sincere appreciation and is great for us certificate students.“

Mr Shaun Patterson: “Found the questions very interesting.”

Mr Brian Peters: “A well-structured and insightful workshop with practical, real-world application. The presenter was clear, engaging, and highly knowledgeable. “

Mr Steve Poorter: “Interaction during the workshop was fantastic, and particularly enhanced by participation of attendees.  Special mention to Mabel Jansen SC for her valuable contribution.“

Mr Uwe Putlitz: “Enjoyable manner of learning.“

Mr Uwe Putlitz: “Well done – again, thank you.“

Mr Uwe Putlitz: “A ‘pleasurable’ way of ‘learning’.“

Mr Maisha Ramoroka: “The presenter of the workshop was very cordial and highly organised.“

Adv Noluthando Sigabi: “Work shop was upskilling and interesting will definitely think of pursuing arbitration in the near future.“

Mr Sabelo Skosana: “As a candidate attorney, it was nice to see the different participants engaging with the questions. It was beneficial to attend.“

Mr Rod Stewart: “The anecdotal input from senior / experienced practitioners was most valuable.“

Mr Yenela Vakele: “The workshop was both informative and truly eye-opening, especially as a student currently navigating an arbitration module.“

Mr Werner Van Buuren: “Thank you for spending time to answer each and every question long after the duration set for the workshop.“

Mr Andrew Walker: “Excellent.“

Mrs Cindy Wells: “Very good experiences raised by active participants.  I appreciated the succinct yet well substantiated responses by the host, as well as links to relevant information sources.“