OUR PROCESS
STEP 1 - CREATING 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 – RESPONSE BY RESPONDENT
Upon receipt of the NOTICE OF DISPUTE AND STATEMENT OF CASE the RESPONDENT will be granted 3 (three) working days to respond to 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 then RESPONDENT will then be positioned to respond to the dispute.
Once the RESPONDENT files his response a STATEMENT OF RESPONSE will be sent the APPLICANT via email and/SMS.
STEP 4 – APPOINTMENT OF MEDIATOR
Once the Parties agree to refer the dispute to mediation, the Registrar will send an invoice to the Applicant and shall within three (3) working days from receiving payment select and appoint a mediator.
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 Registrar will then also allocate a time and date for the initial online mediation session. An email will also be sent to all Parties.
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.
STEP 5 – SETTLEMENT AGREEMENT
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 costs as set out in the fee schedule 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.
