St Clair Jonker Mediators and Arbitrators provides private dispute resolution services in a wide range of legal and other disputes.
Drawing on her background as an attorney and conveyancer, Sheena St. Clair Jonker established St. Clair Jonker Mediators and Arbitrators in 2006 as an effective alternative to litigation in the resolution of disputes.
Mediation is also known as “assisted negotiation”. The parties to a dispute are assisted in settling their dispute by a neutral third party, the mediator. The mediator is not there to adjudicate the dispute, but rather to assist the parties in finding common ground and ultimately in settling the dispute.
Mediation is effective in a wide range of disputes including family or divorce disputes, labour or workplace disputes, sectional title or neighbour disputes and commercial disputes.
Arbitration is a private, quasi-judicial hearing, where an adjudicator is engaged by the parties to the dispute to make a decision and even an award.
Arbitration can be more cost-effective, flexible and speedy than litigation. Another advantage is that an expert in the subject matter of the dispute can be appointed to adjudicate the dispute.
There are certain disputes that cannot be referred to arbitration, including:
- divorce and any matrimonial causes
- criminal matters
- matters of status such as adoption and insanity
- insolvency-sequestration of a natural person or liquidation of a company
- dispute about the validity of an agreement to arbitrate
- Arbitration is borne out of an agreement between the disputing parties to refer the matter to arbitration.