LME3701
Assignment 2 Semester 2 2025
Unique Number:
Due Date: September 2025
TABLE OF CONTENTS
HISTORICAL APPROACH ....................................................... 3
COMPARATIVE APPROACH ................................................. 18
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
TABLE OF CONTENTS
HISTORICAL APPROACH ....................................................... 3
COMPARATIVE APPROACH ................................................. 18
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
HISTORICAL APPROACH
THE HISTORICAL DEVELOPMENT OF ALTERNATIVE DISPUTE RESOLUTION
IN SOUTH AFRICA
1. INTRODUCTION
The evolution of Alternative Dispute Resolution (ADR) in South Africa reflects a
broader international trend towards more efficient, participatory, and restorative
forms of justice. ADR mechanisms such as mediation, arbitration, and plea
bargaining offer an alternative to adversarial litigation, aiming to resolve disputes in a
manner that is cost-effective, less time-consuming, and more accessible to the
public. Historically, South Africa‟s legal system was rooted in English common law
traditions which emphasised formal court procedures. However, growing concerns
about access to justice, court backlogs, and the high cost of litigation have
necessitated a shift towards ADR processes.1
The adoption of arbitration laws in the 1960s and subsequent reforms, including the
Arbitration Act of 1965, provided the first structured legal framework for ADR in the
country.2 Since then, judicial initiatives, such as court-annexed mediation and the
establishment of specialist divisions like the Commercial Court, have further
enhanced ADR‟s legitimacy and accessibility.3 More recently, the South African Law
Reform Commission has proposed the introduction of a Mediation Act, signalling
recognition of ADR as a central feature of the justice system.4
This research, using a historical approach, will trace the development of ADR in
South Africa from its statutory and case law origins to its current role in the justice
system. The study will highlight how historical milestones shaped ADR‟s
effectiveness and its potential to complement litigation..
1
South African Law Reform Commission, Project 94: Alternative Dispute Resolution Discussion
Paper (2023).
2
Arbitration Act 42 of 1965.
3
Cassim, F. (2019). "Court-Annexed Mediation in South Africa: A New Era for Access to Justice."
South African Law Journal, 136(3), 451–474.
4
South African Law Reform Commission (2022). Discussion Paper on Mediation. Pretoria: SALRC. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 2 2025
Unique Number:
Due Date: September 2025
TABLE OF CONTENTS
HISTORICAL APPROACH ....................................................... 3
COMPARATIVE APPROACH ................................................. 18
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
TABLE OF CONTENTS
HISTORICAL APPROACH ....................................................... 3
COMPARATIVE APPROACH ................................................. 18
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
HISTORICAL APPROACH
THE HISTORICAL DEVELOPMENT OF ALTERNATIVE DISPUTE RESOLUTION
IN SOUTH AFRICA
1. INTRODUCTION
The evolution of Alternative Dispute Resolution (ADR) in South Africa reflects a
broader international trend towards more efficient, participatory, and restorative
forms of justice. ADR mechanisms such as mediation, arbitration, and plea
bargaining offer an alternative to adversarial litigation, aiming to resolve disputes in a
manner that is cost-effective, less time-consuming, and more accessible to the
public. Historically, South Africa‟s legal system was rooted in English common law
traditions which emphasised formal court procedures. However, growing concerns
about access to justice, court backlogs, and the high cost of litigation have
necessitated a shift towards ADR processes.1
The adoption of arbitration laws in the 1960s and subsequent reforms, including the
Arbitration Act of 1965, provided the first structured legal framework for ADR in the
country.2 Since then, judicial initiatives, such as court-annexed mediation and the
establishment of specialist divisions like the Commercial Court, have further
enhanced ADR‟s legitimacy and accessibility.3 More recently, the South African Law
Reform Commission has proposed the introduction of a Mediation Act, signalling
recognition of ADR as a central feature of the justice system.4
This research, using a historical approach, will trace the development of ADR in
South Africa from its statutory and case law origins to its current role in the justice
system. The study will highlight how historical milestones shaped ADR‟s
effectiveness and its potential to complement litigation..
1
South African Law Reform Commission, Project 94: Alternative Dispute Resolution Discussion
Paper (2023).
2
Arbitration Act 42 of 1965.
3
Cassim, F. (2019). "Court-Annexed Mediation in South Africa: A New Era for Access to Justice."
South African Law Journal, 136(3), 451–474.
4
South African Law Reform Commission (2022). Discussion Paper on Mediation. Pretoria: SALRC. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
