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Dispute Management
Disputes are an inevitable part of life and resolving them efficiently and amicably is crucial. Two common methods of alternative dispute resolution are arbitration and mediation.
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Once an individual proves that a defamatory statement has been published, South African law presumes it to be wrongful and intentional. The defendant then has the burden to prove otherwise. This legal presumption streamlines the process, focusing the court’s attention on the content of the statement and its impacts rather than on proving the publisher's intent and awareness.
As part of its dispute resolution procedure the CSOS attempts to resolve disputes firstly through Conciliation (formal or informal) and where the dispute remains unresolved, Adjudication follows. However, there are instances where Management Rules in sectional title schemes or the Memorandum of Incorporation in Share Block Schemes provide for arbitration as a process for dispute resolution.
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