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Alternative Dispute Resolution
In Johannesburg, residents can apply to close off public roads with security booms, gates, or guardhouses. This is regulated by the JRA’s Road Closure Policy and requires formal approval before implementation.
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Court-annexed mediation gives parties the opportunity to resolve disputes with the guidance of a trained mediator, while still operating under the oversight of the court system. It was designed not only to reduce the burden on the courts, but also to make dispute resolution more accessible, affordable, and responsive to the needs of ordinary people.
Overhanging branches, invasive roots, blocked gutters, leaves in swimming pools, and even damage to driveways or walls are common complaints. But what does the law say, and what remedies are available to property owners?
South African law generally allows a property owner to cut back branches that hang over their boundary from a neighbour’s tree. Some case authorities differ on whether prior notice to the neighbour is legally required, but the recommended approach is to give reasonable notice.
Unlike court proceedings, which can be lengthy, costly, and adversarial, mediation is designed to be faster, less formal, and more collaborative. It allows both parties to retain control over the outcome, instead of leaving the decision entirely in the hands of a judge.
Among the ADR methods available, mediation and arbitration are the most widely relied upon. Both provide pathways to resolve disputes outside the courtroom, but they differ in structure, cost, enforceability, and strategic purpose. Choosing the right process can determine how effectively, affordably, and sustainably your dispute is resolved — which makes understanding these options essential before taking your next step.
Alternative Dispute Resolution (ADR) provides individuals and businesses with recognised methods to resolve disputes without going through full court litigation. These processes, which include mediation, arbitration, negotiation, and expert determination, are designed to save time, reduce legal costs, and give parties greater control over the outcome of their matters.
Legal disputes can be costly, time-consuming, and emotionally draining. Whether you’re a business owner dealing with a contract dispute or an individual facing a personal legal matter, the traditional litigation process often feels overwhelming.
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