Commercial Litigation, Mediation & Dispute Resolution

OAK Law’s dispute resolution and commercial litigation experts are well versed in resolving and litigating corporate and commercial law disputes, and are able to assist clients with dispute resolution and litigation services in all litigation forums in South Africa.

Our innovative dispute resolution and commercial litigation department ensures that clients receive relevant, timely and effective advice, whilst our extensive expertise in litigation, arbitration, mediation and negotiation enable our clients to obtain optimal results.

Our wider expertise includes dispute resolution, commercial litigation and mediation work in relation to:

• corporate and commercial disputes
• intellectual property (IP) infringements
• interdicts
• mineral and petroleum law, encompassing prospecting, mining, exploration and production rights disputes and objections, administrative appeals and judicial review
• financial distress, restructuring and recovery law, including liquidation, sequestration, judicial management, business rescue, debt restructuring and corporate re-organisation
•  Insolvency Enquiries
• corporate governance
• prosecution relating to unlawful competition, restraints of trade, trademark and copyright infringements
• disputes relating to black economic empowerment transactions
• commercial arbitration and mediation
• issuing and defending summonses in the High Court
• prosecution of personal liability claims against directors of companies
• Urgent Court Proceedings, including interdicts

Since April 2025, the Gauteng Division of the High Court has required parties in civil trial matters to attempt mediation before a trial date will be allocated. Under the revised Mediation Directive and Protocol, no new trial date can be issued without a mediator’s report confirming that mediation has been genuinely attempted. Non-compliance may result in matters being struck from the roll, cost penalties, or professional misconduct proceedings against legal practitioners.

For businesses facing or anticipating a commercial dispute in Pretoria or Johannesburg, this means your legal team must be equipped to guide you through the mediation process effectively — and to proceed to trial with momentum if mediation does not resolve the matter. OAK Law’s dispute resolution team advises on every stage of this process, from delivering the amplified Rule 41A Notice and appointing an accredited mediator through a recognised mediation organisation, to preparing for and representing clients at mediation, and proceeding to litigation where a court hearing is required.

Our team includes practitioners with practical mediation experience and would be able to assist with the appointment of accredited mediators who are members of approved mediation service providers and panels.  Whether your matter involves a commercial contract dispute, shareholder conflict, or IP infringement, we provide seamless representation from mediation through to High Court proceedings.