As expected, we are starting to experience an influx of lockdown-related disputes. Here are some of the areas in which we are starting to apply mediated approaches:

  1. Renegotiating the terms of commercial agreements like commercial leases as well as various service provider and supplier agreements to assist parties in getting through the lockdown in ways that are fair and in ways that help spread the burden amongst the parties rather than leaving one party with the brunt of performing even when, in principle, a supervening impossibility of performance exists
  2. Mediating altered employment relationships to assist parties in complying with the lockdown regulations as well as to assist parties in modifications that may contribute to retaining a maximum number of jobs through and beyond the lockdown period
  3. Assisting organisations that advocate for rights in Access to Education and other forms of Access to Justice to lobby modifications to the regulations through discursive dialogue processes
  4. Family and divorce disputes and particularly brokering interim peace agreements where families are holed-up in lockdown under extra-ordinarily stressful circumstances
  5. Victim-centric restorative justice solutions in violent situations to assist in getting victims to safety and securing interim measures of protection and no contact, by agreement whilst also brokering interim financial support where necessary
  6. Negotiation on behalf of debtors with creditors, lending institutions and insurance providers

The list will undoubtedly grow and ADR processes are well positioned to assist in immediate, affordable and technology-based access to problem solving.

As always,
Grace and Peace

Sheena Jonker