Commercial Mediation & Arbitration in Johannesburg
Commercial disputes need a resolution process suited to the contract, the evidence and the business relationship. Hugh Raichlin Attorneys advises on mediation and arbitration for Johannesburg businesses, shareholders, property clients and other commercial parties.
Brief initial telephone discussion at no charge. A paid consultation is arranged where appropriate. Attorney follow-up is ordinarily within one working day.
This page is for you if…
- Your contract contains a mediation or arbitration clause.
- A shareholder, partnership, supply or lease dispute is escalating.
- You want to explore settlement while protecting the business.
- You need advice about representation, a neutral appointment or implementation of an outcome.
How Hugh Raichlin Attorneys can help
Interpret the dispute-resolution agreement
We assess scope, appointment provisions, notice requirements, time limits and the relationship between private dispute resolution and court relief. A clause should be read with the entire agreement.
Prepare for mediation
Preparation can clarify the issues, evidence, settlement authority and commercial options. Where Hugh is appointed as neutral mediator, that role is separate from representing one side.
Advise on arbitration and related proceedings
Arbitration involves an adjudicative process, unlike a mediator's facilitated discussion. We can assess the agreement, prepare a case and advise on the available legal steps, including enforcement or challenge where relevant.
What to consider before deciding
Different processes, different consequences
Mediation ordinarily depends on agreement between the parties. Arbitration can produce an award through the agreed legal framework. There is no automatic requirement to complete negotiation, mediation and arbitration consecutively in every dispute.
Costs, confidentiality and control
Private processes may offer useful flexibility, but they are not always cheaper, faster or completely confidential. The agreement, applicable rules, evidence and subsequent court proceedings affect those considerations.
Urgent relief and rights must be preserved
A pending discussion does not automatically suspend prescription, litigation dates or performance duties. Tell the firm about existing notices and deadlines when enquiring.
Mediation and arbitration compared
Mediation
A neutral mediator facilitates the parties' own exploration of a possible agreement. A result is not guaranteed.
Arbitration
An arbitrator determines the dispute through a private adjudicative process under the applicable agreement and rules.
The appropriate route depends on the contract, the dispute and the outcome you need. There is no guaranteed time, cost or success advantage for either process.
The next steps
- 1Review the agreement, notices and dispute objectives.
- 2Confirm the process, role and decision-making authority.
- 3Prepare evidence and settlement or case strategy.
- 4Conduct the appropriate process and assess implementation.
Information to prepare
All signed agreements and amendments; dispute notices; a chronology and financial summary; correspondence; existing court/arbitration papers; details of settlement authority.
Common mistakes to avoid
Avoid ignoring a dispute clause, selecting a forum without checking jurisdiction, assuming every award can be appealed like a court judgment or treating an informal discussion as a suspension of deadlines.
Relevant experience for your matter
Hugh is an internationally accredited mediator and an Associate Member of the Association of Arbitrators (Southern Africa). HRA also has reported commercial and property-litigation experience, including Nach Investments.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Internationally accredited mediator and Associate Member of the Association of Arbitrators (Southern Africa), with reported commercial and property-litigation experience.
View Hugh's profileFrequently asked questions
What is the main difference between mediation and arbitration?
A mediator facilitates agreement; an arbitrator determines a dispute within the applicable agreement and legal framework.
Do we have to use both?
Not automatically. The contract, applicable rules and circumstances determine the route.
Can Hugh act as mediator or as our attorney?
The proposed role must be specified and conflicts assessed. A neutral appointment is distinct from partisan representation.
Will mediation stop a court case?
Not automatically. Existing proceedings, orders and deadlines require separate management.
Related services
Choose a resolution process suited to the commercial dispute.
Tell us about the agreement, the dispute and any deadline. A brief enquiry is enough to begin the assessment.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Suitable prospective clients ordinarily receive an attorney call within one working day. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Office hours are Monday–Friday, 08:30–17:00. New enquiries and WhatsApp: 011 010 8336. Email: reception@raichlin.co.za. Existing clients should use 011 483 1527.
Website information is general and is not legal advice. Every matter depends on its facts. Please send sensitive documents only when requested through an appropriate channel.
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.