OUR PROCESS

STEP 1 – CREATE A PROFILE 

Prior to registering a dispute, the user (individuals or entities) will be required to create an ADR UBUNTU profile. 

The user will click on the REGISTER NOW link provided on the Home Page of the website (www.adraubuntu.co.za), to proceed with the registration and provide the information requested. 

For confidentiality and security purposes a user will be requested to select and confirm their password. Only the user will then know the password selected to access their profile. 

Once a profile is successfully created the user will be in a position to access their profile to REGISTER A DISPUTE. 

Creating an ADR UBUNTU profile is FREE OF ANY CHARGE for all users. 

STEP 2 – REGISTER A DISPUTE 

Once a dispute arises the user (individuals or entities) can then log into their profile and register their dispute.

Once the dispute is registered the user will then become the APPLICANT. 

The APPLICANT will then be requested to supply information relating to - (a) the other party, known further as the RESPONDENT, (b) the nature of the dispute that has arisen and (c) the nature of the relief or compensation requested. 

Once completed and confirmed the Applicant will submit the dispute. The platform will then send a NOTICE OF DISPUTE AND STATEMENT OF CASE to the RESPONDENT via SMS and email. 

All users (individuals or entities) will be positioned to register disputes on the platform without incurring any costs.

STEP 3 – SETTLE OR DEFEND THE DISPUTE 

Upon receipt of the NOTICE OF DISPUTE AND STATEMENT OF CASE the RESPONDENT will be granted 3 (three) working days to either table an offer of settlement or defend the allegations filed against him. 

If the RESPONDENT agrees to utilize the ADR UBUNTU platform to resolve the dispute through mediation, they will follow the directions provided in the email and/or SMS received to create and then log into their own profile. 

Once logged in the RESPONDENT shall be diverted to an information template where they will be requested to confirm and/or amend the information initially provided by the APPLICANT. Once finalized the RESPONDENT will then be positioned to either settle or defend the dispute. 

If the RESPONDENT decides to table an offer of settlement the offer will be sent via the platform to the APPLICANT. If the APPLICANT accepts the offer the Registrar shall then appoint a mediator who will meet with the Parties and assist them to draft and finalize a settlement agreement. If the APPLICANT, however, rejects the offer then the Registrar will refer the dispute to mediation and appoint a mediator. 

If the RESPONDENT decides to defend the dispute, they will have an opportunity to file the details of their defence and attach any documents they wish to utilize to substantiate their defence. Upon completion a STATEMENT OF DEFENCE will be sent to the APPLICANT via email and/SMS. The Registrar shall then refer the dispute to mediation and appoint a mediator. 

STEP 4 – APPOINTMENT OF MEDIATOR 

Once the Parties agree to refer the dispute to mediation, irrespective whether the RESPONDENT then makes an offer to settle or defends the claim, the Registrar will select and appoint a mediator within three (3) working days. The mediator will then either assist the Parties in finalizing the settlement agreement as per the accepted offer or assist the Parties in trying to resolve the dispute through a process of mediation if the dispute is defended. 

Once a mediator is selected and allocated both Parties will then receive an email informing them as to the identity of the person appointed to mediate the dispute. The appointed mediator shall then make contact with the Parties and manage the mediation process as they deem necessary and appropriate. 

The principal role of the appointed mediator is to facilitate communication between the Parties in conflict with a view to helping them reach a voluntary resolution to their dispute that is timely, fair and cost-effective. Mediators cannot adjudicate and make a decision on behalf of the Parties regarding the dispute. 

Individuals utilizing ADR UBUNTU will not be charged for the services rendered by mediators. Individuals will be granted three (3) sponsored mediation sessions per year and will only be charged a set fee there afterwards. Entities utilizing the platform will however be charged a set fee for said mediation services to be rendered from the outset. 

STEP 5 – SETTLEMENT AGREEMENT 

If the RESPONDENT makes an offer to settle the dispute and the APPLICANT accepts it the appointed mediator will then assist the Parties in drafting a settlement agreement. Once the Parties sign the settlement agreement the dispute will be regarded as finalized. 

If the RESPONDENT opposes the dispute lodged, the mediator will the facilitate the mediation process between the Parties with a view of assisting them to find and agree to a resolution that is fair and acceptable to all. If the Parties agree to settle the dispute, the mediator will draft the settlement agreement. Once the Parties sign the settlement agreement the dispute will be regarded as finalized. 

The costs relating to the drafting and finalization of the settlement agreement is included into the set fees due and owing to the mediator unless the service is rendered pro bono (for free). 

STEP 6 – REFER TO ARBITRATION OR COURT 

If the Parties are unable to reach an amicable settlement despite the assistance of the mediator, the mediation process, will be regarded as finalized and unsuccessful. The Parties are then at liberty to either (a) follow the traditional litigation route through the Courts, or (b) refer the dispute to arbitration for resolution. The latter being the more cost effective, time efficient and confidential option to consider.

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