The .za Domain Name Authority (.za DNA) have announced a new formal process, the Alternative Dispute Resolution (ADR) regulations which covers disputes regarding .co.za domain names.

It will enable Domain Name disputes to be resolved cheaply and quickly and act as a small claims court for domain names. Previously they went through the high court, costing as much as R250 000, required complainants to attend court and could potentially be drawn out for years. Prior to the process, many domain name owners faced with complaints from large institutions were forced to concede defeat not having the resources to fight their cause.

The complaints are overseen by accredited and impartial adjudicators assigned to cases on rotation. To lodge complaints, evidence must be given to prove a domain name is abusive or offensive. The domain name owner is can also provide evidence supporting their side. The entire process does not require the presence of members of either party, with all decisions being made on the strength of documentation provided.

Lodging a dispute can cost R10 000, getting the case overseen by an adjudicator. The decision of a single adjudicator can then be appealed for a further R24 000. Alternatively, the complainant can initially pay R24 000 for a three-adjudicator panel, and the decision cannot be appealed. The process is expected to take around two months and does not preclude further litigation. If an appeal should fail, there is still opportunity to take the case to the High Court. It is expected that if cases were taken to the high court, the ADR ruling would be used as basis for the High Court's judgment, especially because of a highly technical and specific nature for such cases.

Dr Hasmukh Gajjar, chairman of .za DNA, explained they are busy finalising criteria for financial assistance and that they needed to set up a framework to warrant worthy applicants but that would not be open to abuse. For every paid-for complaint, 10% of the fee is given to .za DNA to fund financial assistance, ensuring that assistance could be given to no more than one in nine complainants.

The ADR regulations were signed into power by the minister of communications, Ivy Matsepe-Casaburi last year. Currently the ADR process will only cover .co.za domains, but potentially a further .za domains will be added. .co.za domains have the most commercial activity. All but one complaint received by the .za DNA up has regarded a .co.za name.

The new process is expected to open the field up significantly regarding domain disputes. There are about a dozen disputes in court over Domain Names in South Africa, with around 100 South African court rulings made since the Internet's inception. These are only the figures for disputes going to the High Court, inquiries not necessarily following up with litigation usually average about one a day.