General Newsletter

Wilbrink and Associates was founded in 1990 and registered as a Closed Corporation in 1993. The Company has been working in the industrial / technical sphere.

Frans Wilbrink, the managing member, is a graduate from the University of Natal. He completed his post graduate studies at the University of the Free State and later further post graduate studies at the University of the North West. Frans has some forty-five years industrial / consulting experience. He has assisted many companies implementing various systems to improve their overall performance and safety.

Frans is a registered Mediator and Arbitrator. He is a member of SAAM (South African Association of Mediators), he is registered on the AFSA (Arbitration Foundation of Southern Africa) General Commercial Panel of Mediators / Arbitrators and is registered and certified by ADR International Registers, which is accredited by the International Mediation Institute and the ICC Council. Frans is thus a mediator that is allowed to mediate worldwide.

Mediation is the processes whereby two parties who are in a legal dispute with one another use an impartial third party (mediator) to assist in resolving the dispute in the best interest of both parties. The mediator will assist in identifying the disputed issues, develop options, consider alternative and endeavour to reach an agreement.

Some of the most important advantages of mediation are:

  • The relatively high rate of settlement

  • The high level of compliance with the terms of the settlement agreements

  • Great cost savings

  • The speed by which a settlement can be reached

  • The dispute remains confidential

  • It preserves an ongoing working relationship

  • The terms of the settlement are optimal

 

Some of the factors that favour mediation are:

  • A good ongoing working relationship between the parties is of importance

  • Both parties want to retain control over the outcome of the settlement

  • Both sides believe that they have a good case

  • There is no great disparity in power between the parties

  • A speedy resolution is of importance

  • Both communication and misunderstanding are largely to blame for the dispute

  • Highly complex technical issues are involved

  • Adverse publicity is not desired by either party

  • Confidentiality is of importance to the parties

  • The case will in all probability be settled out of court anyway

  • Neither side really wants to litigate.

Nearly any dispute can be mediated, provided the opposing party is ready for mediation. Where a settlement is possible in principle, mediation is often the most effective process to achieve it in terms suitable to both parties.

Good mediators specialize. Wilbrink and Associates’ areas of specialization are:

    1. Employment (workplace conflict and Labour conflict)

    2. Business

    3. Property

    4. Construction

    5. Community based disputes

Wilbrink and Associates are operational, even during the lockdown period.