Litigation & Dispute Resolutions
When a dispute reaches the point of legal action, you need a legal team who know the courts and know when to stay out of them. Roberts Incorporated provides strategic litigation support across civil, commercial, and alternative dispute resolution matters.
Litigation is not always the fastest or most cost-effective path to resolution, but when it is the right one, experience and preparation matter. Our legal team have a strong track record in the High Court, Regional Court, and Magistrate's Court, with a practical understanding of when to negotiate and when to litigate.
We also assist clients in avoiding formal proceedings altogether through skilled mediation and arbitration, preserving business relationships while still securing enforceable outcomes.
What we handle
Civil Litigation
Representation across all civil matters in the High Court, Regional Court, and Magistrate's Court - from debt recovery to property disputes and delictual claims.
Commercial litigation
Contractual, engineering and building disputes handled in specialised commercial forums. We advise on risk from the outset, not after the fact.
Appeals & reviews
Administrative and judicial appeals before the High Court and Supreme Court of Appeal. We assess the merits honestly and act decisively when an appeal is warranted.
Urgent applications
Time-sensitive legal matters require immediate action. We bring urgent applications, including interdicts, spoliation orders and other emergency relief, before the appropriate court, with the speed and preparation the situation demands.
Our Approach
Client-first advice
Competitive rates
Personal commitment
Resolved, not dragged out
Litigation or mediation?
Litigation is the right route
- The other party won't engage - Negotiation has failed or the opposing party is not acting in good faith.
- You need a binding court order - Only a court can grant the relief you need, an interdict, eviction, or judgment.
- The matter sets a precedent - The outcome affects how similar situations will be treated in future.
- The dispute is substantial - The amount at stake justifies the cost and time of court proceedings.
Mediation or arbitration is the right route
- The relationship matters - You need to preserve a business or personal relationship after the dispute is resolved.
- Speed and cost are priorities - You need a resolution faster and at lower cost than a full court process allows.
- Confidentiality is important - The matter is sensitive and you do not want proceedings on the public record.
- Both parties are willing - There is genuine intent on both sides to reach a workable outcome.
Jurisdictions We Appear In
Our Legal Services
Frequently Asked Questions
It depends heavily on the court and the complexity of the matter. Magistrate's Court matters can often be resolved within six to twelve months. High Court matters typically take longer, anywhere from one to three years in contested cases, though urgent applications can be heard within days.
We give you a realistic timeline at the outset, not an optimistic one.
Costs vary depending on the court, the complexity of the dispute, and how the opposing party conducts themselves. We charge competitive rates and provide a clear cost estimate before any work begins.
If costs are a concern, we will discuss whether a negotiated settlement or alternative dispute resolution might achieve a similar outcome at lower cost.
We assess every matter honestly. If we believe your prospects are weak, we will tell you, along with what the risks are if you proceed. We will not take a matter to court simply because you want to.
A frank initial consultation is the best way to understand where you stand. Contact us to arrange one.
Non-compliance with a court order is a serious matter and can constitute contempt of court. Depending on the nature of the order, enforcement mechanisms include attachment of assets, emolument attachment orders (garnishee orders), and contempt proceedings.
We advise on the most effective enforcement route for your specific order.
South African courts can award costs against the losing party, but a costs order rarely covers your full legal bill, typically between 60% and 80% of actual attorney fees, depending on the scale of costs awarded.
We explain the costs position clearly before you instruct us, so there are no surprises.