About our Dispute Resolution
We recognise that disputes, whether between businesses, individuals or employees be highly disruptive and reputationally sensitive. Our Dispute Resolution team is committed to managing conflict with precision, discretion and strategic foresight. We partner with our clients to not only resolve disputes efficiently but to protect and advance their long-term interests.
Whether navigating complex commercial litigation, engaging in high-stakes arbitration, or facilitating pragmatic settlements through mediation, we provide legal clarity and confidence in uncertain times.
Our Philosophy
Disputes should not define your business. We aim to prevent litigation where possible and, where unavoidable, pursue or defend actions in a manner that aligns with your commercial and reputational priorities. Our Dispute Resolutions team apply a blend of legal excellence, strategic insight, and industry understanding to resolve disputes with minimum disruption and maximum value. We assess every dispute holistically, factoring in legal merits, commercial objectives, and operational realities to formulate clear, results-driven litigation strategies that work.
Sector-Specific Litigation
We have experience across key industries including:
- Aviation
- Banking
- Insurance
- Financial Services
- FMCG
- Education
- Manufacturing
- Marketing, Media & Reputation
- Mining & Energy
- Telecommunications
- Transport
Enquire Today
Contact us today to explore a dispute resolution strategy aligned with your goals.
Our Dispute Resolution Services
We offer end-to-end dispute resolution services across a wide range of sectors and disciplines, including:
Commercial Disputes
We act in high-value commercial matters involving contractual breaches, shareholder disputes, partnership fallouts, and interpretation issues. Our team is adept at resolving disputes arising from complex corporate arrangements, joint ventures, supply agreements and business acquisitions.
Employment Disputes
Representing both employers and employees we manage workplace conflict ranging from unfair dismissal claims and restraint of trade disputes to grievance procedures and boardroom fallouts. We also assist with private arbitrations, CCMA, Labour Court, and Labour Appeal Court litigation.
Arbitration
Our arbitration practice is skilled in both domestic and international arbitration procedures, including enforcement of arbitral awards. We draft and interpret arbitration clauses and represent clients in industry-specific arbitration forums.
Mediation & Settlement Negotiation
As a firm that values relationships, we prioritise dispute resolution strategies that preserve commercial ties and resolve issues without resorting to litigation. We act as mediators or advisers in negotiations, using structured dialogue to find workable outcomes.
Insolvency & Restructuring Disputes
We represent creditors, distressed businesses, and liquidators in business rescue and insolvency litigation. Our focus is on recovery, restructuring and securing our clients’ interests in financially distressed environments.
Construction & Engineering
We provide legal support for contractual and project-related disputes in the construction sector, including delays, defects, payment claims, and professional negligence issues. Our deep understanding of the industry enables us to deliver practical and timely resolutions.
Public Law & Administrative Disputes
We assist private and public entities in challenging or defending decisions taken by regulators or government bodies. This includes judicial review applications, licence disputes, tenders, and regulatory compliance proceedings.
Forensic Investigations & White-Collar Crime
Our team advises on internal investigations, fraud detection, and corporate misconduct. We work with forensic experts and regulators to investigate wrongdoing, advise boards, and litigate complex fraud matters.
Alternative Dispute Resolution
At Ebersohns, we understand that litigation isn’t always the best path. Alternative Dispute Resolution (ADR) which includes mediation, arbitration, and facilitated negotiation offers efficient, flexible, and cost-effective ways to resolve disputes while preserving relationships and confidentiality. ADR empowers parties to take control of the process, tailor outcomes to their specific needs, and avoid the time, expense, and public exposure of court proceedings. Our experienced dispute resolution team combines legal insight with commercial pragmatism to guide clients through all forms of ADR, delivering outcomes that are not only legally sound but aligned with our clients’ broader objectives.
Mediation
Not every dispute needs to be a battleground. Mediation offers an effective, confidential, and constructive platform for resolving conflict, whether in the construction industry, the workplace, between commercial partners, or within regulated industries and sectors.
Our mediation services are designed to empower parties to take ownership of the outcome, preserve valuable relationships, and avoid the cost and uncertainty of litigation. With skilled legal professionals and trained mediators guiding the process, we help our clients reach practical, commercially viable solutions, often within a fraction of the time and expense of going to court.
Whether we act as independent mediators or provide legal support during a mediation process, our approach is grounded in deep legal expertise, strategic insight, and respect for the complexities of human and business relationships.
The Benefits of Mediation
Mediation is a voluntary and confidential process where a neutral third party assists disputing parties in reaching a mutually acceptable resolution. The advantages of mediation include:
- Cost-Effectiveness: Mediation is often less expensive than litigation, reducing legal fees and court costs.
- Time Efficiency: Mediation can be scheduled promptly and typically resolves disputes faster than traditional court proceedings.
- Confidentiality: Unlike court cases, which are public, mediation proceedings are private thereby safeguarding sensitive information.
- Control: Parties retain control over the outcome, crafting solutions that best fit their needs rather than having a decision imposed by a judge.
- Preservation of Relationships: By fostering cooperative problem-solving, mediation helps maintain and even strengthen professional and personal relationships.
Our Value Proposition
Our dispute resolution team brings a wealth of experience and a deep understanding of various industries to the mediation process and add value to our clients by:
- Expert Facilitation: Guiding discussions to ensure all parties’ interests are heard and considered, leading to balanced and fair agreements.
- Strategic Insight: Leveraging our legal expertise to identify creative solutions that may not be apparent, aligning with your business objectives.
- Comprehensive Support: Assisting in drafting clear and enforceable settlement agreements to prevent future disputes.
- Post-Mediation Guidance: Providing ongoing advice to ensure the successful implementation of agreements and to address any subsequent issues that may arise.
Arbitration
Arbitration is a private and flexible method of resolving disputes where parties agree to submit their matter to one or more independent arbitrators, whose decision is final and binding. Unlike court proceedings, arbitrations are confidential, less formal, and allows parties greater control over the process, thereby making it especially valuable in high-stakes, complex, or cross-border disputes.
Our team have represented a broad range of clients in private arbitration proceedings, including noted entities in the private and public sectors, construction, financial services, energy, mining, technology, manufacturing, property, and shareholder disputes and bring sharp legal acumen, sector-specific knowledge, and a results-driven approach to every matter.
Our track record includes acting in arbitrations arising from complex mergers and acquisitions, disputes involving public sector officials, and contentious matters in the construction and infrastructure sectors.
Our team regularly advises on contractual disputes and interpretation issues, bringing clarity and strategic direction to matters that often hinge on nuanced legal drafting and intent. We have successfully managed arbitrations of varying complexity and duration from streamlined two-day proceedings to multi-month hearings involving extensive evidence and expert testimony.
Our ability to adapt our approach to the scale, subject matter, and commercial sensitivities of each matter makes us a trusted partner for clients navigating high-stakes disputes behind closed doors.
We view arbitration not merely as an alternative to litigation, but as a strategic tool that can deliver quicker, more cost-effective and commercially sound outcomes whilst protecting reputations and preserving key relationships.
Disputes are inevitable. How you resolve them defines your business relationships and reputation. At Ebersohns, we believe arbitration, when done well, is one of the most powerful tools for dispute resolution. Let’s discuss how we can help you leverage the benefits of private arbitration to achieve finality and peace of mind.
Contact our Dispute Resolution team to begin crafting a dispute resolution strategy tailored to your business.
Strong Legal Representation for Your Disputes
When legal disputes arise, you need experienced litigators on your side. At Ebersöhns, we provide strategic litigation and dispute resolution services to protect your rights and achieve the best possible outcome.
Magistrate’s Court Litigation
Generally speaking, if a claim is for less than R400 000, the claim will be instituted in the Magistrate’s Court. More or less each town has its own Magistrate’s Court. The advantage of litigating in the Magistrate’s Court is that, again generally speaking and depending on which Magistrate’s Court has jurisdiction, one can finalise a trial within 9 months to 12 months.
High Court Litigation
As a general rule, if the claim is for more than R400 000, the claim will be instituted in the High Court. Generally speaking, each province has its own High Court. Sometimes, a province has two High Courts, such as Gauteng and KwaZulu Natal. High Court matters take longer to finalise due to the limited number of judges that are available to adjudicate matters and due to the general complexity of matters that these judges adjudicate.
Both advocates and attorneys may appear in the High Court, provided that the attorney has the right to appear in the High Court. All the practitioners at Ebersöhns have such right of appearance in the High Court and frequently appear in the High Court, both in unopposed and opposed matters. As such, when you instruct us to either advance or defend a matter on your behalf in the High Court, there is no need to appoint an advocate, and we are therefore able to keep your litigation costs within reasonable limits
Labour Court Litigation
It is a general misconception that the Labour Court has jurisdiction over all “labour matters”. Generally, speaking, unfair dismissals and unfair labour practice disputes will have to be adjudicated by the CCMA (or relevant bargaining council). If the losing party is dissatisfied with the arbitration award, the said party may take the matter on review to the Labour Court. Generally speaking, the Labour Court will determine whether the CCMA-award is reasonable and whether the arbitrator acted procedurally fairly during the arbitration hearing.
Certain matter, such as automatically unfair dismissals and mass retrenchments, will be adjudicated by the Labour Court.
Not all provinces have their own Labour Court. For example, there is no Labour Court in the Free State.
Both attorneys and advocates may appear in the Labour Court. The practitioners at Ebersöhns Attorneys frequently appear in the Labour Court, both in unopposed and opposed matters.
Arbitrations
Many commercial agreements provide that in the event of a dispute, the parties shall refer the dispute to arbitration. Depending on the terms of the relevant agreement, the parties are free to choose the arbitrator. The parties are also free to agree where they want to hold the arbitration hearing and what rules shall apply to the arbitration proceedings.
The advantage of agreeing to refer the dispute to arbitration is that, depending on the nature and complexity of the dispute, the arbitrator will be able to hear evidence and give an award within a couple of months, as opposed to waiting a long time to receive a trial date in the High Court.
Our team of attorneys has extensive experience in representing clients in arbitration disputes and in appearing on behalf of our clients at arbitration hearings and pride ourselves on handling matters swiftly and cost effectively.
Strong Legal Representation for Your Disputes
When legal disputes arise, you need experienced litigators on your side. At Ebersöhns Attorneys, we provide strategic litigation and dispute resolution services to protect your rights and achieve the best possible outcome.
Employment Law Dispute Resolution Services
We understand that employment-related disputes strike at the heart of any organisation – its people. Our employment dispute resolution services are built on decades of experience, deep legal insight and a strategic mindset. Whether advising corporates, executives or employees, our goal is to resolve disputes efficiently while minimising reputational, operational and legal risk.
A Strategic, Proactive Approach
Disputes in the workplace can quickly escalate, affecting morale, productivity and culture. We offer strategic and legally sound advice to employers and employees across all sectors, focusing on early intervention, compliance, and sustainable solutions.
Our Dispute Resolution Services Include:
Internal Disciplinary and Grievance Proceedings
Guiding employers through procedurally fair processes and representing employees during internal hearings.
CCMA, Bargaining Council & Labour Court Representation
Expert litigation and representation in unfair dismissal, unfair labour practices, constructive dismissal, and automatically unfair dismissal matters.
Mediation & Facilitation
We facilitate informal resolution through mediation and alternative dispute resolution mechanisms, reducing the cost and time associated with litigation.
Collective Disputes and Industrial Action
Advising on strikes, picketing rules, lockouts, and negotiating with unions during disputes of interest or rights-based disputes.
Executive Dismissals & Mutual Separations
Tailored handling of high-level employment exits with discretion confidentiality, and legal precision.
Unfair Discrimination & Harassment Complaints
Investigation, advice and litigation related to claims under the Employment Equity Act and Code of Good Practice.
Breach of Restraint & Confidentiality Clauses
Enforcement or defence of post-employment obligations in restraint of trade and confidential information disputes.
Constructive Dismissal & Whistleblower Claims
Legal advice and representation for employees asserting protected disclosures or intolerable work environments
Workplace Investigations
Independent investigations into misconduct, bullying, harassment and breach of policy to support fair and transparent outcomes.
Family Law Dispute Resolution Services
Compassionate Counsel. Clear Solutions. Decisive Action
Family law disputes require more than just legal expertise, they demand empathy, discretion and a deep understanding of the personal stakes involved. At Ebersohns, we resolve family law disputes with care and conviction, guiding our clients through some of life’s most challenging transitions with dignity and clarity.
Whether you’re facing divorce, a dispute over parental rights, or a breakdown in a family relationship, our team provides strategic legal advice grounded in decades of experience. We help you make informed decisions that protect your rights, your loved ones, and your future.
Our Family Law Dispute Resolution Services Include:
Divorce & Separation Disputes
- Negotiation and settlement of divorce terms
- Dispute resolution in respect of maintenance, division of assets and pension fund claims
- Drafting and enforcement of settlement agreements and Rule 43 applications
Care & Contact (Custody & Visitation) Disputes
- Parenting plans, contact schedules and relocation applications
- Representation in both the Children’s Court and High Court
Maintenance Disputes
- Applications for child and spousal maintenance in terms of the Maintenance Act or Rule 43 – applications for interim maintenance
- Variation, enforcement and opposition of maintenance orders
- Mediation and court representation in Maintenance Court proceedings
Domestic Violence & Harassment Disputes
- Launching and defending applications for protection orders
- Representation in domestic violence or harassment matters and interim relief proceedings
- Advice on navigating abusive or high-conflict situations safely
Mediation & Alternative Dispute Resolution
- Mediation of divorce, parenting and financial matters
- Collaborative dispute resolution to preserve family relationships
Adoption & Surrogacy Disputes
- Legal representation in contested adoption matters
- Guidance in navigating the Children’s Act and surrogacy agreements
- Dispute resolution in complex and cross-border family formations
Estate & Inheritance Disputes
- Resolving family disputes involving trusts, wills, estates, and intestate succession
- Claims for maintenance against a deceased estate under the Maintenance of Surviving Spouses Act
