BACKGROUND TO TOKISO COMMERCIAL’S MEDIATION SERVICES

Tokiso Commercial (Pty) Ltd is a subsidiary of Tokiso Dispute Settlement (Pty) Ltd, which is an independent, black-owned company, established in February 2001. In over seven years since its inception, Tokiso has grown to be the largest private dispute resolution provider in South Africa. Its clients include large public and private corporations, unions, a number of bargaining councils as well as national, provincial and local government. Tokiso has recently been nominated for the prize of international dispute resolution organisation by CEDR (Centre for Effective Dispute Resolution).

Tokiso Commercial was established to focus on providing a quality mediation and arbitration service for commercial disputes.

Tokiso Commercial has a panel of 50 CEDR accredited, professional and highly skilled mediators. Tokiso Commercial is associated with CEDR which is the largest and most reputable dispute resolution organisation in Europe. Our panelists are bound by a strict Code of Professional Conduct. This enables Tokiso to monitor quality and ethical standards of performance.

WHY USE TOKISO COMMERCIAL?

• Independence – Tokiso Commercial’s primary value is independence of both its administration service and that of the mediator. In the event that any conflict of interest exists, the mediator will declare it, and where appropriate recuse themselves from the process. Tokiso Commercial does not conduct any process that could compromise our reputation of independence and impartiality.

• Confidential – All information is treated as confidential, unless the parties give specific instructions to the contrary. Panellists may not disclose to any person or in any court any information, knowledge or document that the panelist acquired on a confidential basis or without prejudice in the course of performing his or her functions in the mediation. Tokiso Commercial’s archive systems also offer complete security of information.

• Quality of Mediators – All 50 mediators are CEDR accredited and have gone through a rigorous training course to meet the high standards set by CEDR. In addition, all mediators are governed by a strict Code of Professional Conduct. The mediators have a wide range of expertise and experience, and therefore parties can choose an appropriate panellist, or Tokiso Commercial can assist the parties to ‘match’ an appropriate panellist to your dispute. 

• Cost Effective – Tokiso Commercial’s costs are transparent and based on the time spent by the mediator in resolving the dispute. Tokiso Commercial’s fees are based on a daily fee, or a pro rata hourly fee, depending on the needs of the parties. Mediator fees are individually determined, and usually range from R10 000 –R30 000 per day, excluding VAT and disbursements. One of Tokiso Commercial’s values is to add value beyond the cost, and therefore the progress of mediations are closely monitored to ensure that the objectives of the process are met, even where settlement is not reached.

• Professional & Efficient Support Services – Tokiso Commercial offers a full “one stop” service to the parties, ranging from facilitating the selection of the panelist to the communication and co-ordination of all documents from the preparation phase, through to finalisation of the mediation.  This also includes facilitation of agreement between a panellist and the parties on the date, time, place, fees and standard conditions of service.
  

• Legally Enforceable – Settlement agreements are final and binding between parties, unless specified otherwise in the agreement or terms of reference. The parties can determine under which jurisdiction the enforcement of the settlement agreement falls.
  

• Customised to meet your needs – Tokiso Commercial offers a completely personalised and flexible service that can be customised to your needs, with a rapid response rate to any urgent matters. Where clients need that much more assistance, or have a special request or need, Tokiso Commercial will ensure that the service is able to provide the necessary support.
  

• An African Organisation – Tokiso Commercial is a South African Black Owned and ‘home grown’ organisation which is committed to the principles and values set out in the South African Constitution.