Arbitrations are one of the pillars of the Alternative Dispute Resolution (ADR) mechanisms. An Arbitration is a procedure in which a dispute is submitted, by agreement between the parties, to one or more arbitrators who make a binding decision on the dispute. In private Arbitrations, the parties choose the arbitrator(s) and the entire proceedings including the award made are confidential.
For Arbitrations that are regulated by the Labour Relations Act 66 of 1995, as amended, the Commission for Conciliation, Mediation and Arbitration [CCMA] or the Baragainin Councils, parties do not have a right to choose an arbitrator.