An evaluation of alternative dispute resolution in the South African agricultural environment

Abstract

The objective of this study was firstly to evaluate the current position of ADR within the legislative and policy framework specific to the agricultural industry in South Africa and, thereafter, to recommend ways to improve such framework. It is evident from research that the recognition and advocacy of ADR can better realise the constitutional right of access to justice as a dispute resolution method in the agricultural environment. Research further shows that national legislation and policy are insufficient to address the agricultural supply chain in addressing disputes by ADR. This practice allows for a speedier and more cost-effective dispute resolution. In the strive towards sustainable practices in the agricultural supply chain, the intervention of third-party audits and international business standards provide an ideal opportunity to enforce ADR as an accessible dispute resolution method where power imbalances and access to resources limit less powerful parties to a dispute, in solving the dispute in a fair and effective manner. Considering the current regulatory framework, recommendations to improve the use of ADR in the agricultural environment include the need for more robust research, involvement of DALRRD and state intervention on matters of ADR in agriculture, adding ADR as a preferred method of dispute resolution to industry standards, educating stakeholders in the supply chain on the benefits of using ADR, and more specific legislative changes.