Mediation & Arbitration
Disputes do not always need to end in court. Mediation and arbitration offer faster, more cost-effective, and entirely confidential paths to resolution and Roberts Incorporated has the experience to guide you through both.
Alternative dispute resolution is not a fallback, it is often the strategically superior choice. Mediation preserves relationships and gives both parties control over the outcome. Arbitration delivers a binding decision with the speed and flexibility that commercial disputes demand, without the delays of the court roll.
We advise clients honestly on which process best suits their matter and represent them effectively in both, whether the dispute is contractual, commercial, or property-related.
What we handle
Mediation
Facilitated negotiations with a neutral mediator to help both parties reach a mutually acceptable agreement - without handing control to a court or arbitrator.
Arbitration
Formal proceedings before a neutral arbitrator whose decision is binding and enforceable - an effective, private alternative to High Court litigation in commercial and civil matters.
Commercial Disputes
Contractual, operational and commercial disagreements resolved through the ADR process best suited to the matter - with a clear view of cost and timeline from the outset.
Property & Construction
Mediation and arbitration for disputes arising from property transactions, building contracts and sectional title matters - where preserving relationships often matters as much as the outcome.
Mediation
Mediation is a voluntary, structured process in which a neutral mediator helps disputing parties communicate, understand each other's positions and reach a resolution they have both shaped. The mediator does not impose a decision, the outcome remains in the hands of the parties throughout.
Faster and less expensive
Relationship-preserving
High compliance rates
Strictly confidential
Arbitration
Arbitration is a more formal alternative dispute resolution process in which a neutral arbitrator hears both parties and delivers a binding decision. Unlike mediation, the award carries legal force, it must be complied with and is enforceable in the same way as a court judgment.
Binding and enforceable
Flexible procedure
Avoids court backlogs
Strictly confidential
Our approach
Honest process advice
We assess every matter and advise you clearly on whether mediation, arbitration or another route best serves your interests, not what is most convenient for us.
Skilled representation
We represent our clients effectively in both processes, from the opening session through to final agreement or award.
Personal commitment
Your matter is handled directly by our legal team. You have a named contact and a consistent point of accountability throughout.
Competitive rates
Alternative dispute resolution should be genuinely more cost-effective than litigation, we work to ensure it is.
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Frequently Asked Questions
Mediation is a voluntary, collaborative process where a neutral mediator helps both parties reach their own agreement. The mediator has no power to impose a decision. Arbitration is more formal, a neutral arbitrator hears both sides and delivers a binding decision that both parties must comply with. Mediation preserves control; arbitration delivers finality.
Not automatically. A mediated agreement only becomes legally binding once it is reduced to writing and signed by both parties, at which point it is enforceable as a contract. Arbitration, by contrast, produces a binding award from the outset that carries the same legal force as a court judgment.
Mediation can often be concluded in a single session of a few hours, though more complex disputes may require multiple sessions over several days. Arbitration typically takes longer, from a few weeks to several months depending on the complexity of the matter and the volume of evidence involved. Both are significantly faster than contested High Court proceedings.
Yes. Both processes are strictly confidential. Nothing disclosed during mediation can be used in subsequent court proceedings without the parties' consent. Arbitration hearings and awards are likewise private, unlike court judgments, which become part of the public record. This makes both options particularly well-suited to sensitive commercial and business disputes.
Arbitration is worth considering when you need a binding, enforceable outcome but want to avoid the delays and public exposure of court proceedings. It suits commercial disputes where the parties want control over the process, including the choice of arbitrator, the timeline and the procedural rules. If speed, confidentiality and flexibility matter to your matter, arbitration is often the more practical choice.