The Cost of Resolution

High Court litigation can be exceptionally expensive, time-consuming and uncertain. In complex commercial or private matters, combined professional legal costs may range from approximately R12,000 to R20,000 per hour, particularly where senior attorneys, advocates and specialist advisers are involved. A substantial High Court dispute may require 150 to 300 hours or more of professional time, creating potential legal expenditure that can readily reach R2 million per party or more in a heavily contested matter. Where proceedings extend over several years or proceed to a full trial, the overall cost exposure can be significantly higher.

The financial exposure does not end with professional fees. Once trial dates are secured and advocates have reserved time, substantial fees may still become payable even if the matter settles shortly before hearing. Even where a party is successful, a costs order will not necessarily result in full recovery of the actual legal expenditure incurred, while enforcement and recovery can themselves involve further delay and expense.

The true cost of litigation is therefore broader than legal fees alone. It includes executive time, business disruption, reputational exposure, uncertainty and capital tied up in an unresolved dispute. For clients who value time, discretion and commercial control, the question is not simply whether litigation can be afforded, but whether it represents the most effective use of resources.

Mediation is often the most efficient and commercially sensible route to resolving a dispute. The standard mediation rate is approximately R4,000 per hour, and where both parties engage constructively and co-operate fully, a matter may typically require around 20 hours of professional time, placing the indicative mediation cost at approximately R80,000, subject to complexity, preparation and the issues involved.

More complex matters may require additional professional input. This is particularly relevant in matrimonial, family or commercial disputes involving children, financial structures, valuations, specialist assets or other considerations where independent experts may need to be consulted. These additional requirements can increase the overall cost, but the process remains structured around resolving the issues efficiently rather than extending the dispute unnecessarily.

For individuals, families and businesses who value privacy, flexibility, control and certainty, mediation offers a highly proportionate route to resolution. It is not simply a lower-cost alternative to litigation; it is often the more commercially intelligent option for parties who want to preserve time, capital and important relationships.

Inquisitorial arbitration offers a structured, private and more controlled alternative where the parties require a binding determination without the full cost and procedural burden of conventional High Court litigation. Where no additional experts are required, a matter may typically be capable of being concluded within an estimated range of approximately R100,000 to R250,000, depending on complexity, the volume of documentation, the issues requiring determination and the level of co-operation between the parties.

In suitable matters, and where both parties engage fully and efficiently with the process, it may be possible to conclude the arbitration for less than R100,000. More complex disputes may require expert evidence, valuations, specialist reports or additional professional input, which can increase the overall cost.

The advantage lies in proportionality and control. The process can be tailored to the dispute, unnecessary procedural steps can be reduced, and the parties can focus directly on the matters requiring adjudication. For high-value commercial, private and family disputes, inquisitorial arbitration can therefore provide a significantly more efficient path to a final and enforceable outcome than prolonged litigation.