Impact and Issues of Alternative Dispute Resolution in South Africa with Emphasis on Workplace Dispute

Abstract

Informal dispute resolution is increasingly becoming relevant in the dispensation of justice. This is because of its different beneficial approaches to the parties involved especially the poor and the indigents in the society who are unable to afford the huge legal fees involved in formal justice system. With regard to dispute between well-resourced employer and poor vulnerable employee, one will agree that if formal justice is asked to adjudicate, clearly, there will not be fair playing field because the employer will deploy its huge resources to hire the best legal representative while the employee will not be able to do the same. This is why in South Africa aggrieved employees can approach the appropriate institution of justice set up for purposes of resolving labour dispute and institute an action against erring employers even without the assistance of legal practitioners. This article looks at the issue of informal dispute resolution; its applicability other related issues and more importantly the issue whether there is any need for a legal representation in alternative dispute resolution.

DOI: 10.5901/mjss.2014.v5n16p678