As part of our mission to promote and raise awareness of RICS Dispute Resolution Services (DRS) on a global scale, our Executive Director, John Fletcher, recently completed a programme of engagement activities in South Africa. This included participation in the Africa Construction Law (ACL) Conference in Johannesburg alongside a series of meetings with key legal, industry and institutional stakeholders.
The 2026 ACL Conference brought together a diverse, multidisciplinary audience from across the construction and infrastructure sector. Delegates attended from 14 African countries, as well as key international markets, reinforcing ACL’s position as a leading Pan-African platform for construction law and dispute resolution. The conference was widely regarded as one of the most commercially engaged and internationally connected editions to date, with strong feedback highlighting the practical relevance, and depth of discussion across the programme.
DRS continues to focus on supporting the development of dispute resolution capacity across South Africa and sub Saharan Africa, while promoting more effective early intervention approaches, such as Conflict Avoidance, to help resolve issues before they escalate.
Why this matters
Across the wider region, there is no shortage of well drafted construction contracts or legal frameworks. However, there remains a clear gap in practical understanding, and application of dispute resolution provisions.
This has contributed to an over reliance on arbitration. With other mechanisms often underused or altogether removed in practice.
At the same time, the market has become increasingly fragmented and adversarial in the post COVID-19 environment, with a limited pool of experienced adjudicators and mediators.
It is apparent that there is growing recognition of the need for more practical, cost effective and early stage approaches to dispute resolution, creating an opportunity to support improved outcomes and stronger project delivery across the region.
South Africa - market and opportunity
Engagement during the visit highlighted several consistent themes, including increasing reliance on arbitration, challenges in the practical application of contract provisions, and the perceived complexity of certain dispute mechanisms within standard forms.
These factors are accompanied by a shortage of experienced practitioners for more complex matters and a training landscape that is varied in both quality and consistency. Collectively, these dynamics point to a broader need for strengthened capability and more effective use of existing dispute resolution tools.
Conflict Avoidance
There is increasing alignment across stakeholders that traditional approaches to dispute resolution can be reactive, time consuming and costly, and that earlier intervention can deliver better outcomes.
The RICS Conflict Avoidance Process (CAP), which brings together elements of mediation, adjudication and expert input, is attracting interest as practical, cost effective approach to resolve issues earlier and more efficiently. It has delivered strong results in the UK and interest is growing internationally.
RICS DRS will continue to explore how such approaches can be applied in a way that reflects local market needs, supported by appropriate guidance and capability building.
Partnerships and engagement
Engagement during the visit included discussions with a wide range of stakeholders, including legal practitioners, industry representatives, dispute resolution professionals, and regional networks.
These discussions highlighted a strong appetite for collaboration, alongside interest in strengthening dispute resolution capability and sharing best practice. A consistent theme was the importance of building trusted, long-term relationships and maintaining a visible presence in the market.
What’s next for DRS
DRS will continue to build on this engagement through further collaboration with stakeholders, supporting ongoing capability development and exploring ways to promote effective dispute resolution practices across the region.
DRS are grateful to the many stakeholders and professionals who contributed their time and insights during this visit, helping to shape a clearer understanding of both the challenges and opportunities within South Africa and the wider regional market.
