To ensure access to everyone so that they can benefit from utilizing ADR ACCESS platform to resolve their disputes cheaply and quickly, individuals and entities, will be in a position to register their profiles FREE OF CHARGE.
Once their profile is registered all users, individuals and entities, will then be able to log into their profiles to register a new dispute when the need arises. The platform will allow the user (APPLICANT) to register a new dispute without any upfront payment.
Only once the RESPONDENT has agreed to the arbitration process and finalized his own profile will the APPLICANT be invoiced an once-off administration fee of R2900.00 (Two Thousand Nine Hundred Rand) for usage of the platform.
This admin fee will cover the following processes through the platform namely, 1) Pleadings, 2) Pre and/or Con-Arbitration proceedings and 3) Uncontested and/or Default Awards. Additional expenses will only be incurred, if a settlement cannot be reached and the dispute has to be referred to an arbitrator for a formal hearing.
This fee or portion thereof, can be reclaimed by the APPLICANT at a later stage during the course of the arbitration process to follow.
To ensure that the dispute gets resolved as quickly as possible the APPLICANT will carry the initial expenses upfront. Imperative to note the exception, that If an employee, linked to a specific employer on our platform, registers a new labour dispute against the employer, the admin fee will charged and collected from the employer.
Despite the initial expenses being paid by the APPLICANT upfront in commercial disputes the RESPONDENT always remains equally liable for the expenses if the matter proceeds to a formal hearing. In labour disputes the employer, irrespective being the APPLICANT or RESPONDENT, always carries all the expenses pertaining to the entire arbitration process.
If the Parties are unable to reach a settlement and the matter is referred to a formal arbitration process, the Registrar will discuss and negotiate the additional costs with all Parties, before appointing a new Arbitrator and allocating future hearing dates. Said hearing will only proceed once the prior agreed upon costs have been paid.
The filing of frivolous, unjustified, baseless, malicious and/or vexatious disputes must be avoided at all costs as the responsible Party could run the risk of being ordered to pay costs on a punitive scale by the Arbitrator.