Application forms for inclusion in the panel of mediators / arbitrators.

Procedure or the Appointment of a Mediator

(in terms of clause 61(2) of the GCC – 1990/2004)

The Panel of Mediators is available to parties in a dispute to select a mutually acceptable mediator. They are advised that if they follow that route, the mediator selected should be a person known and acceptable to both parties. If the parties are unable to select someone, the President of the South African Institution of Civil Engineering will, upon request, nominate a mediator in terms of clause 61(2)(a).

To enable the President to nominate a suitable person, the following information is needed:

  • The name of the engineer in terms of clause 1(m) of the GCC
  • A copy of the engineer’s written decision given in terms of clause 61(1)(c) of the GCC
  • Whether the engineer gave notice of his decision to the employer and the contractor in terms of clause 61(1)(c) of the GCC
  • The names of the persons who have already been considered and rejected as mediators by the parties
  • A brief description of the particulars of the dispute, including particulars of the contractors and parties involved in the dispute
  • The location of the subject matter of the dispute

On receipt of the information, the matter will be placed before the President and when the nomination is made, the name of the mediator so nominated will be communicated to the party who requested the nomination. Both parties must then communicate directly with the mediator to ascertain whether he accepts the appointment and to agree with him upon the terms and conditions of appointment.

Procedure or the Appointment of a Arbitrators

(in terms of clause 61(3) of the GCC – 1990/2004)

If the parties to a dispute fail to agree on an arbitrator, the latter shall be nominated by the President of the South African Institution of Civil Engineering, in terms of clause 61(3)(a), on application by either of the parties.

To enable the President to nominate a suitable person, the following information is needed:

  • The information solicited in items 1 – 6 above
  • The names of the persons who have already been considered and rejected as arbitrators by the parties
  • If the parties resorted to mediation, the name of the mediator

On receipt of the information, the matter will be placed before the President and when the nomination is made, the name of the mediator so nominated will be communicated to the party who requested the nomination. Both parties must then communicate directly with the mediator to ascertain whether he accepts the appointment and to agree with him upon the terms and conditions of appointment.

Please address all correspondence to:

Tel: (011) 805-5947/48/53
Fax: (011) 805-5971
Email: dawn@saice.org.za
Address: The Executive Director ,  South African Institution of Civil Engineering , Halfway House , 1685

Request forms for appointment of a Mediator / Arbitrator / Adjudicator

dispute resolving person

For more information and to obtain the Index to provinces and a list of the panel of mediators and arbitrators according to provinces, please contact Dawn Hermanus at SAICE National Office on dawn@saice.org.za or on telephone number 011 805 5947.

Visit the Project Management & Construction Division website for more information on Dispute Resolution & Procurement

https://www.randair.co.za/