Welcome to PADR
Professional Alternative Dispute Resolution
Company Profile
PADR is a company which offers a range of alternative dispute resolution services to, amongst others, the short-term insurance industry. We are able to do so by virtue of the diverse strengths and experience of our team who will all take up positions as arbitrators.
Our Team
Our team consists of various experienced legal practitioners.
Johann Van Zuydam
Johann is a retired advocate who was admitted and commenced practice in 1977, specialising in motor law and related matters. Prior to legal practice, Johann served as a magistrate for several years and is an ACDS (African Centre for Dispute Settlement) mediator.
Arno Botha
Attorney, and Chair of the Rental Housing Tribunal in the Western Cape. Arno holds BA (UP) and a B Proc. LLB from UNISA and was admitted as an attorney in 1974. He also completed a diploma in Mediation and Arbitration through the University of Pretoria. After spending 3 years at the then Law Society of the Transvaal and 20 years at the Law Society of South Africa as the Director of Professional Affairs, he now practises as an attorney in Bellville since 2007 and specializes in General Contract Law, Estates and Mediation.
Vanessa Botha
Attorney. Vanessa holds a BA LLB at the University of Cape Town and has been working in the organised legal profession for the last 20 years. She worked as Operations Manager at the then Arbitration Forum for 5 years and obtained an MBA degree from the Graduate School of Business (UCT) in 2011. She completed the course in arbitration through the Arbitration Forum. She presently practises as an attorney in Bellville.
Werner Welgemoed
Attorney. Werner obtained his B.Comm degree in 1979 and his LLB degree in 1981 at the Stellenbosch University. He was admitted as an Advocate in 1982 and admitted as an Attorney in 1990. Werner has been practising since 1981 and started a new firm, Welgemoed Attorneys, in 2009 after having resigned as a senior director from a firm in the northern suburbs. Werner heads the litigation department and also specializes in commercial, criminal, family and labour law. He completed the course in arbitration through the Arbitration Forum.
Igshaan Higgins
Attorney. Igshaan obtained a BA (Public Administration) at UCT and a BA LLB degree from UWC. He also holds Diplomas in Sports Management, Corporate Law, Alternative Dispute Resolution (AFSA) and Insolvency Law and Practice. Igshaan is a member of the Rental Housing Tribunal in the Western Cape, a past council member of the Cape Law Society and practises as an attorney at De Klerk & Van Gend.
Aside from the arbitrators above, we have access to any number of experienced arbitrators who may be contracted on an ad hoc basis to adjudicate matters.
Core Services
We offer arbitration services to the public, to businesses and the short-term insurance industry.
Our Process And Services Guarantee:
- An experienced and competent panel of arbitrators to adjudicate the matter
- Reasonable fees for both processes including a capped fee for lengthier arbitrations
- A paper-only process and/or an in-person evidence process
- A simple and uncomplicated arbitration process
- Clear and concise templates for legal teams
- A short turnaround time on adjudicating matters
- We also offer mediation services and;
- In-house training for legal teams at insurance companies.
Our Process
We aim to keep the arbitration process as simple as possible while still ensuring integrity and fair adjudication of the matter.
We rely on the legal teams of the clients to provide us with the best evidence they have available and ensure that the arbitrator receives a complete pack of documents on which to adjudicate the matter. This process is paper-based and seeks to avoid costly venue costs, waiting time and unnecessary postponements. An arbitration will be initiated by the completion of a referral form signed by both parties and accompanied by a full set of documents as specified in a check-list we provide.
The process as set out in the Rules of Court will be dispensed with and there will no longer be a lengthy exchange of pleadings, filing of expert notices, pre-trial notices, discovery notices and discovery affidavits, or a necessity or obligation on parties to attend pre-trial consultations. The process, however, will still be dealt with in accordance with the normal rules of evidence. In the event that there is no factual dispute it will be a paper-only process, but in the event that there is a factual dispute, which is often the case, then evidence will need to be adduced. The referring parties can also choose the option that no evidence be adduced, but that the witnesses are contacted by the arbitrator to clarify uncertainties. Should a factual dispute still remain after such consultation by the arbitrator, it will be necessary to adduce evidence.
In order to assist the legal teams to compile a complete pack of documents, we are available to train them in-house and provide an overview of the principles and practices of arbitration.
Our Fees
By offering a paper-based arbitration system as well as an in-person evidence process, we are able to provide a fixed cost for a paper-based arbitration and a capped fee for an in-person arbitration, should the arbitrator be required to consult with or telephone witnesses.
R3,000.00
Paper-ProcessR1,250.00*
In-person processThe paper-process will only be dispensed with where there are disputes of fact that cannot be resolved without speaking to the particular witness or witnesses. All paper-based disputes will be adjudicated upon within 14 days of referral, provided a complete set of documents has been provided by both parties.
Our process makes provision for the referral of an arbitration without the necessity of using legal representatives. This will thus result in the saving of legal fees. (Legal fees for a simple Magistrate’s Court matter might easily be R10,000.00 for each party - R4,500.00 for the documentation and the exchange of pleadings until the matter is trial-ready plus R5,500.00 for the trial itself, in other words, a total of R20,000.00). The arbitration process, even if evidence needs to be adduced, is capped at R6,000.00 per day.
Expenses are reasonably incurred for travel to do an inspection in loco or consult with witnesses out of town.
Conclusion
In summary
We provide a highly competent panel of arbitrators to adjudicate disputes according to a simple and efficient process which saves both time and costs and ensures that matters can be speedily and effectively concluded. The parties will have the further advantage that the finding will not only be that of a single arbitrator, but that of a panel of arbitrators. Prior to a finding being given by an arbitrator it will be reviewed and discussed by two other arbitrators.