Read: Independent Insights

It is the third session. The gap has come down from 9% to 2.5%. Everyone in the room knows roughly where this is going to land. And yet nobody moves. If you work in employee or labour relations, you have sat in that room. You have watched a negotiation that was 80% done stall for three weeks, go to conciliation, pick up a strike notice, and settle in the end at a number that was on the table a month earlier, after everybody had lost a fortnight's production, salaries and a g

For the first time, a large volume of South African medico-legal disputes will pass through a mediation process as a matter of course rather than by exception. Whether that produces better outcomes is not yet known as the scheme is young and no outcome data has been published. But the opportunity is real, and there is a decade of evidence from a comparable public health system about what determines whether it is taken.

The global civil justice system is undergoing a profound paradigm shift. Driven by systemic court backlogs, excessive legal costs, and the evolving needs of commercial clients, jurisdictions worldwide are transitioning from a strictly adversarial default to an integrated framework of "Appropriate" Dispute Resolution (ADR).Lawyers and in-house legal counsel fulfil a crucial role in supporting and architecting the evolution of our legal systems to incorporate the use of mediati

Examining the approach mediators take in RAF rights based matters in South Africa and rights based matters in general. The article examines facilitative and evaluative styles of mediation and looks beyond the binary approaches to mediation.

Overview of the Mandatory Mediation Directive The Judge President of the Gauteng High Court has recently introduced a significant...

What is a mediator? A mediator is a neutral third party that is appointed to help people resolve a conflict. For example, if a couple...

In 1994 our nation defied detractors by demonstrating that a country that is committed to principles of open dialogue, reconciliation,...

An excellent guide for how to become a mediator in South Africa

The most important workplace developments of the week point in the same direction: organisations will increasingly be judged by the reality of how work is organised and how conflict is handled — not merely by the language of a contract, policy or values statement.

The introduction of mandatory mediation in the Gauteng High Court has stirred up concerns from mainly the legal profession. One concern is the quality of services that mediators may provide. It is essential for mediation as it is for arbitration that parties select a third party that is suitably qualified and has a track record as a mediator. In addition, some argue that mandatory mediation undermines access to justice. Professional services specializing in dispute resolutio

This blog post will guide you through the key steps to resolve conflicts. We will cover practical tips, examples, and different approaches to ensure you can handle disputes with confidence.

In this post, we will explore the various methods of Appropriate Dispute Resolution and offer practical steps you can take to navigate conflict effectively.

Workplace conflicts are an inevitable part of a dynamic work environment. They can arise from differing opinions, misunderstandings, or...

A simple guide to the High Court Rule 41A Mediation Process

The best and simple guide to the mediation process

According to the Code of Good Practice on Sexual Harassment, sexual harassment is defined as any unwanted conduct of a sexual nature,...

A brief overview of the POPIA Act.

What should employers know about retrenchment? Once a possibility at the beginning of lockdown, retrenchment has now become the new...

Brief Summary South African workplaces are in desperate need of diversity and inclusion training in the workplace. While overt racism may...

Negotiators must approach collective bargaining with a broader brush, then a narrow solution orientated focus. Negotiators must consider...

I have facilitated a number of complex collective bargaining processes over my 22 years and have been involved in numerous court cases in...