Phillips Law

Principles of Corporate Conflict Prevention and Resolution

329. In preventing or resolving corporate conflicts the needs, interests and rights of the disputants must be taken into account and the processes involved must be cost effective.

330. Inquisitorial alternative dispute resolution mechanisms as opposed to the adversarial court based dispute resolution method should be preferred in corporate dispute or conflict resolution because these mechanisms are more likely to build rather than destroy relationships.

331. A distinction should be drawn between processes of dispute resolution (litigation, arbitration, mediation, conciliation and others) and the institutions that provide dispute resolution services.

332. In selecting dispute resolution institutions and regardless of the dispute resolution processes adopted, it is an indispensable requirement that the institution is independent and impartial in relation to the parties to the dispute.

333. Successful resolution of corporate conflicts entails selecting a dispute resolution method that best serves the interests of the company, preserves business relationships and is cost effective and efficient.

334. Insider trading and abusive self- dealing is prohibited.

335. Corporate conflict resolution should initially be undertaken by the corporate secretary who should record enquiries, letters or demands from stakeholders and take a preliminary view of the conflict and then hand over the matter to the Board or the CCR Committee for consideration and resolution.

 

  • According to the NATIONAL CODE ON CORPORATE GOVERNANCE ZIMBABWE