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Litigation & Dispute Resolution Articles | VDM Attorneys

Navigate legal disputes with confidence through practical insights on commercial litigation, debt recovery, contract disputes, labour matters, property disputes, mediation, arbitration, and court procedures. Whether you're an individual or a business, our articles provide clear guidance on resolving legal challenges effectively.

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What Is an Urgent Application - and When Can You Use One?

Court proceedings are deliberate by design. Deadlines are measured in weeks and months, ensuring each party has time to prepare. But some disputes cannot wait. If a landlord is about to change the locks, if a bank is set to freeze an account, or if assets are being moved beyond reach - ordinary timeframes leave a litigation time bomb.

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What Debt Collection Attorneys Can Do That Agents Can’t

Recovering unpaid debt is never just about persistence. Businesses and individuals often turn first to debt collection agents who phone, send reminders, or negotiate repayment. While these efforts may secure voluntary compliance, they stop at persuasion. If a debtor refuses to pay, an agent's authority ends there.

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High Court vs Magistrate’s Court - Which Forum Is Right for Your Dispute?

When a civil dispute arises, the first question is not only whether you have a valid claim, but where it should be pursued. South Africa's courts are not interchangeable. A claim for unpaid rent, for example, is unlikely to be heard in the same forum as a constitutional challenge or a multi-million rand commercial disp

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Civil Litigation Procedure in South Africa – What Happens After You File a Lawsuit?

When disputes cannot be resolved privately, civil litigation offers a structured legal pathway for resolving disagreements between individuals, businesses, or organisations. Unlike criminal cases, which involve the state prosecuting an accused person, civil cases deal with matters such as contracts, debts, property, an

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When Should You Sue? Understanding If You Have a Civil Case in South Africa

Deciding whether to take someone to court is rarely a simple decision. Many people find themselves caught between frustration, financial loss, and uncertainty about whether their situation qualifies as a civil case. Should you sue to recover damages, enforce a contract, or protect your rights? Or would another route—su

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Alternative Dispute Resolution or Court?

When disputes arise, the first instinct is often to "take it to court." Litigation has long been the traditional path for resolving conflicts, but it is not always the most practical or beneficial one. Court processes can stretch on for years, cost enormous sums in legal fees, and play out in a very public forum.

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Court-Annexed Mediation in South Africa

South Africa's courts are often stretched to capacity, with long delays and high costs standing in the way of timely justice. For many people, this means that even relatively straightforward disputes can drag on for months or years, leaving litigants frustrated and financially strained. To address this challenge, court

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How the Mediation Process Works in South Africa

Disputes are an inevitable part of life, whether in business, family, or personal relationships. The question is not whether disagreements will arise, but how they will be resolved. In South Africa, mediation has become one of the most effective and increasingly preferred methods of dispute resolution. As part of the b

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Mediation vs Arbitration – Which Is Right for Your Legal Dispute?

Litigation is no longer the default solution for legal disputes in South Africa. The cost, complexity, and delays associated with court proceedings have made alternative dispute resolution (ADR) an increasingly attractive option for both individuals and businesses.

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Alternative Dispute Resolution in South Africa

Alternative Dispute Resolution (ADR) provides individuals and businesses with recognised methods to resolve disputes without going through full court litigation. These processes, which include mediation, arbitration, negotiation, and expert determination, are designed to save time, reduce legal costs, and give parties

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Spoliation in South Africa – What There is to Know

Spoliation is one of those legal concepts that often surfaces during disputes over possession — especially in property, residential, and commercial contexts. It deals with a very specific scenario: when someone takes the law into their own hands and unlawfully deprives another of possession of property, without going t

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Defamation Cases in South Africa - When Can You Sue?

Defamation cases have become increasingly common in South Africa, especially in an era where social media allows information—whether true or false—to spread rapidly. If someone has harmed your reputation by making false statements about you, you may have grounds to sue for defamation of character. However, not all nega

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