Women in the sometimes stormy sectional-title property arena will be able to solve disputes smoothly, swiftly, confidentially and with less stress and expense following the launch of a powerful partnership between Women in Sectional Title (WiST) and ADR Ubuntu, a digital alternative dispute-resolution platform.
“Disputes are bound to arise in sectional-title complexes where people live in close proximity and share common facilities, but heading to court is not the best way to solve them,” says WiST founder and BBM Law director Marina Constas.
“ADR Ubuntu is a user-friendly mediation dispute-resolution solution that is expedient, affordable, efficient and confidential. It is a perfect fit for sectional-title disputes and for Women in Sectional Title,” Constas says.
Property owners, tenants, trustees, bodies corporate and managing agents can all use the platform, where it takes a user minutes to create their profile online and immediately register disputes.
“The main reason why mediation is a good fit within the sectional-title context is the close nature of the relationships between the parties involved - and the fact that these are likely to continue after the resolution of the dispute.
In sectional title, it is ideal to attempt to resolve disputes in a manner that keeps the peace and fosters harmony. In fact, the informal setting and atmosphere of mediation, as well as avoiding the emotional stress and anxiety that many people feel when appearing before a court, can even improve communication between parties,” she states.
While ADR Ubuntu’s mediation services are not just for women - anyone can register a dispute via the platform’s online process - there are benefits for women, including an all-women team of mediators.
Constas expands: “ADR Ubuntu is not only for women. Anyone, whether they are male or female, can apply on the website to mediate a matter. However, we want our women sectional-title stakeholders to feel that if they have a dispute and can persuade the other party to mediate, there is a safe place to do so on the ADR Ubuntu platform.”
The all-women mediation team supports WiST’s commitment to driving gender balance in the South African property sector, and to helping women to enter and prosper in this traditionally male-dominated sphere.
Constas says that a percentage of the fee for each mediation through ADR Ubuntu will be used by WiST to grow and enhance its support and services to women in property.
“The rise of women in property ownership continues, with the latest data showing that women make up 60% of new property buyers in South Africa. Despite this, however, women are still struggling to have their voices heard and are ignored and even bullied in disputes,” she says.
Constas cites arrear levy disputes as particularly appropriate for the ADR Ubuntu mediation platform. “So often, parties going to court or to an adjudication say that if only they’d had the opportunity to be heard beforehand, the problem would have been sorted.
"A good mediator who knows the law can guide people in the right direction. I recall how I realised during my own training with the London School of Mediation just how effective mediation can be. Oftentimes people want the opportunity to vent frustration. Once that’s out of the way, the real work can begin.”
The ADR Ubuntu mediation service does not replace the mediation and adjudication offered by the Community Schemes Ombud Service (CSOS), but complements it, Constas says.
“The Ombud Service urges parties with disputes to try internal mediation before they approach CSOS. ADR Ubuntu provides an avenue for this. It ensures that a dispute gets in front of a mediator just a few days after a simple online application and dispute registration process is completed at ADR Ubuntu.
"If the parties are unable to reach an agreement and must go to CSOS for adjudication, they can then request that the mediation at CSOS is bypassed and go straight to adjudication since they did try to resolve the matter internally. Our aim is to support CSOS, which has a very important role to play.”
Commenting on the partnership with Women in Sectional Title, ADR Ubuntu founder, advocate Frank Stanley says: “We are delighted to be part of WiST’s drive to support, advance and empower women in property and make it easier for them to navigate the often challenging sectional-title landscape.
"The ADR Ubuntu mediation platform has been designed to offer a simple, affordable way to resolve disputes without going to court. It is a solution for everyone involved in sectional title.
"The benefit for bodies corporate and managing agents is that when disputes are handled by an independent entity, it alleviates the strain on the internal resources of the scheme. This allows them to focus on their core operations while ensuring that disputes are being dealt with.”
