Arbitration is a procedure whereby the parties to a dispute refer that dispute to a third party, who is the Arbitrator. The Arbitrator considers evidence provided by the parties and then make a final decision. Arbitration is a recognised and well established means of resolving disputes, particularly in the construction and commercial sectors.
In order for a matter to be referred to Arbitration, there must be a dispute and an enforceable agreement between the parties, that provides specifically for a dispute to be referred to arbitration.
Private Labour disputes can be arbitrated, that is arbitration which takes place pursuant to an arbitration agreement between the parties and outside the procedural provisions of the Labour Relations Act.
Mediation is an attempt by parties to a dispute to settle the dispute through the active participation of a third party also known a a mediator. The mediator will work to find points of agreement and make parties in conflict agree on a fair result.
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