Litigation & Dispute Resolution
At Machanik Attorneys, we will settle your dispute in or out of court.
Consultation to Advise on Your Matter
The first step in the litigation process is to get to know you and your legal matter to ensure you know your options.
During your consultation (usually one hour), we’ll unpack your matter carefully to advise on what your next steps are, including the process involved (where applicable) and your prospects of success.
At the end of the consultation, you’ll know your rights, responsibilities, and our strategy on how best to deal with the matter.
Consultations are critical to understanding your issue and the results you hope to achieve. Documentation may also be vital for a formal examination and understanding of all facts in the matter and exchanging information to formulate our advice.
Litigating Your Matter
Not all cases go to trial. In fact, most litigation involves engaging the parties to negotiate settlement of the matter.
Settlement negotiations are based on the type of complaint and probable outcome for each party. If settlement can’t be reached, resolving the matter may have to be decided by the Court.
The amount of money or type of performance demanded by one party from the other will determine in which Court the matter should be processed or whether mediation is a possible avenue to resolve the matter.
From commencement of legal proceedings until finalisation and/or settlement of the issue, we run the entire matter for you.
Court Appearances & Navigating the Court System
When a legal dispute can’t be resolved amicably it may need to proceed to Court.
We’ll represent you and do whatever is necessary to ensure that the matter is heard by the appropriate Court.
Appearing or having to engage with any of our South African Courts, whether it’s the High Court, Labour Court, Regional Court, or Magistrates Court, can be daunting and stressful. Under our expert guidance, we’ll assist and navigate the process with you.
Settlement of Matter
(Negotiation & Finalisation)
We will engage with the opposing party or legal team in efforts to achieve resolution and negotiate the best settlement for you.
This settlement is binding on both parties and brings an end to the matter.
Correspondent Attorney Services
A correspondent attorney is an attorney who executes the instructions of another attorney within a particular jurisdiction as if the instructing attorney attended to the matters themselves.
These typically entail litigation matters where we act as “correspondent attorneys” for attorneys based in a different city or jurisdictional area throughout South Africa who require expertise to assist with running their matter(s) through any of the Cape Town (and surrounding area) courts [Cape Town and Wynberg] or to serve legal documents through the Sheriffs’ offices or at the offices of a legal representative in Cape Town CBD and surrounds.
Types of Disputes
Not sure we can help you? We’ve compiled a list of disputes that we’re experienced in and can assist you with.
- Ownership (of movable and immovable property) disputes
- Property disputes
- Body Corporates and Members disputes
- Landlord/ Tenant disputes
- Personal disputes
- Commercial disputes
- Collections
- Shareholder Agreement disputes
- Director removals
- Marital and Divorce disputes
- Property Partnerships disputes and terminations
- Employment disputes
Alternative Dispute Resolution
Where possible, we do our best to settle disputes outside the courtroom. Alternative Dispute Resolution (ADR) may be a perfect solution to resolving your legal matter without the intervention of a court or entering a courtroom.
Essentially, ADR is an alternative to costly and lengthy litigation involving skills in negotiating and resolving the matter through conciliation, mediation and arbitration. This option reduces the ever-lengthening queues and delays in our court system and can reduce litigation costs.
Other Specialities
Family Law & mediation
Spanning interpersonal disputes, marital disputes, divorce, and parenting. We help resolve all kinds of family matters in efforts to counteract uncomfortable relations.
Employment Law
We cover all aspects of employment law commencing from employment (drafting, reviewing, or advice on contracts of employment/appointment) to performance management to termination (dismissal and/or retrenchment).
Grays Matter Films
Grays Matter Films consulted Keren on a variety of challenging business issues, ranging from navigating rogue accountants and advising on our Memorandum of Understanding (MOUs) with corporate giants. Throughout each complex case, I felt completely supported, understood, and thoroughly counselled. Keren understood small business financial limitations, and we worked within a budget, which is rare and kind.
Vertical Logic
We engaged with Machanik Attorneys regarding a highly complicated and confidential internal staff matter. Keren was always level-headed, meticulous, and a pleasure to deal with. We would highly recommend their legal services.
OtherWISE Research and Evaluation
I hired Keren as my divorce lawyer because she was the only lawyer (and I interviewed several) who offered a holistic, individual approach. Through careful and thoughtful engagement with me, she tailored my divorce process to meet my specific circumstances, both on a personal and legal level. Throughout the divorce process, Keren provided the perfect mix of legal advice and support, and her strong, confident presence in the process was a godsend.
Catherine Langley
Machanik Attorneys assisted us with our antenuptial agreement. We were advised with great professionalism and efficiency, and the whole process from start to finish was a streamlined process. I shall definitely engage Machanik Attorneys' services again and certainly recommend them – without hesitation!