Frequently Asked Questions

Yes, MW facilitates workshops

No. The mediator is unable to make any decisions on the issues raised by the parties. The mediator is neither a judge nor an arbitrator. The mediator only controls the process. Everything said in mediation is confidential. The parties are also protected against any prejudice. However, if a settlement is reached, it is reduced to writing and signed by the parties, the agreement is binding on the parties.

- Relationship conflict
- Data conflict
- Values conflict
- Structural conflict
- Interest conflict

According to Schwarz, facilitation can be characterised as basic or developmental:

“A basic facilitator fulfills her responsibility to the group by designing an effective process for the group to accomplish its work, acting consistently with the core values, identifying for the group when members have acted inconsistently (or consistently) with principles of effective group behaviour and letting the group make free and informed choices on the basis of the facilitator's interventions. In addition, a developmental facilitator helps group members learn how to identify when they have acted inconsistently with principles of effective group behaviour, how to explore the conditions that create the ineffective behaviour and how to change these conditions to generate more effective behaviour.”

Schwarz, R. 2002. The Skilled Facilitator. A Comprehensive Resource for Consultants, Facilitators, Managers, Trainers, and Coaches, revised version. Jossey-Bass: San Francisco, CA.

- Latent
- Perceived
- Felt
- Manifest
- Aftermath

- Define the source of the conflict
- Communicate with the parties involved in the conflict
- Listen to both parties
- Identify solutions that both parties can support
- Assist parties in coming to an agreement.

Alternative dispute resolution. We however prefer appropriate dispute resolution as mediation and arbitration are equally appropriate to court adjudication. The parties to a dispute need to make a wise choice on selecting an appropriate dispute resolution process that will assist them in resolving their dispute.

We offer independent experts that are highly experienced in managing conflict and resolving disputes through mediation, arbitration, chairing enquiries, investigating matters, facilitating negotiations, facilitating strategic sessions, facilitating consultation processes such as retrenchment (S189A), chairing meetings, facilitating RBO (relationship by objective processes) and the like. We have a niche panel of exerts that offer practical and relevant training on a range of topics.

A mediator is appointed to assist the parents in creating a parenting plan which suits both parties.

1. Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment
distinguishes it from behaviour that is welcome and mutual.
2. Sexual attention becomes sexual harassment if:
(a) The behaviour is persisted in, although a single incident of harassment can constitute sexual
harassment; and/or
(b) The recipient has made it clear that the behaviour is considered offensive; and/or
(c) The perpetrator should have known that the behaviour is regarded as unacceptable.

CEDR is based in the UK and is amongst the larger mediator training providers in the world. CEDR provides internationally recognised mediator certification. Conflict Dynamics has a close relationship with CEDR and offers its training based on the requirements of CEDR. a mediator trained by Conflict Dynamics may apply for a CEDR accreditation after meeting the requirements of Conflict Dynamics.

A dispute describes the stage when people involved in conflict are unable to find a satisfactory outcome. In such an instance the parties seek the assistance of a third party to assist them with an appropriate dispute resolution process such as mediation, arbitration or court adjudication.

A negotiation plan entails planning before and during the negotiation and a consideration of yours and the other party’s needs: the motivation, risks, options outside of the bargaining range, tradeoffs and the human dynamic.

In terms of the Labour Relations Act, the employer must issue a written notice to the employee disclosing all relevant information and invite the employee and/or the employee’s representative to consult with the employer.

Alternative dispute resolution (“ADR '') comprises of different types of processes to assist parties in resolving disputes without litigation.

An unfair retrenchment occurs where the retrenchment is substantively and procedurally unfair. For example, the employer may not have followed the correct procedure in that he did not consult with the retrenched employees or the reason or the retrenchment may not be based on the operational requirements of the business.

An unfair retrenchment occurs where the retrenchment is substantively and procedurally unfair. For example, the employer may not have followed the correct procedure in that he did not consult with the retrenched employees or the reason or the retrenchment may not be based on the operational requirements of the business.

A type of alternative dispute resolution process whereby disputing parties appoints an arbitrator to hear their case. The arbitrator makes a decision on the issue; the decision is final and binding on both parties. Arbitration outcomes are subject to review and not appeal. The Arbitration Act governs private arbitration in South Africa. Private arbitration requires the parties to enter into an agreement to arbitrate.

The mediator, in the mediation process, acts as an impartial third party who can assist the parents in negotiating a child custody settlement and parenting plan.

Collective bargaining involves employer/s and trade union/s on behalf of their members negotiating for agreements on better wages or salaries, working conditions, benefits, etc.

Commercial dispute resolution entails parties relying upon dispute resolution to resolve commercial disputes that arise from a transactional conflict.

Conciliation generally will refer to mediation. However, conciliation may have different meanings in law, countries or practice. In South African labour law conciliation refers to mediation or fact finding or advisory arbitration. In some countries conciliation may refer to an evaluative style of mediation in which a meditator may evaluate the matter and give opinions, determinations and provide outcomes for the parties.

Conflict is a disagreement with another person. The disagreement can be based on a difference of culture, religion, belief, thought, interests, understandings, perceptions between parties. Conflict occurs when one person perceives a difference with another person. Conflict is a natural occurrence in the human experience. People should manage conflict consciously and with an appropriate approach that helps them reach the desired outcome. The approaches to conflict management includes avoidance, accommodating, competing, compromising and collaborating.

Court-annexed mediation is a mediation process that is part of the court processes. It may be part of the referral process to court and often requires a mediation process to have been conducted before access is given to a judge to make a decision. In South Africa Rule 41A of the High Court requires the parties to consider mediation and judges may also guide parties to mediate their disputes. In Gauteng the High Court has made mediation compulsory by its directives which provide for an enhanced Rule 41A process. If a party or parties have failed to provide adequate reasons to the court for not using mediation or the party or parties deliberately frustrate the use of mediation, a judge may make punitive cost orders against the party and or their lawyers.

Dispute resolution is a process used to resolve disagreements or conflicts between parties.

Distributive bargaining, also known as zero-sum negotiations, is a negotiation strategy where one party gains only if the other party loses. The ultimate aim is for the parties to respectively try to gain the maximum share from the resources or assets that need to be distributed.

Facilitation mediation is a style of mediation characterised by an Independant mediator guiding and assisting the parties to come to a solution. The mediator will not make any decisions that relate to the substantive and legal issues between the parties. The mediator controls the process and leaves outcomes to the parties. The mediator does not deliberately focus on restoring the relationship between the parties. The parties may raise this as an important issue and a such will be considered as one of the issues to facilitate.

Family mediation process whereby the appointed mediator assists the disputing parties reach an agreement on family related disputes. In divorce or dissolution matters issues of parental rights and responsibilities, the distribution of assets and liabilities and issues of maintenance form the issues for the mediation. The mediator will not make any substantive decisions for the parties. The mediation usually takes place over 4 or 5 two hour sessions which are scheduled a week or two apart.

Integrative negotiation, otherwise known as integrative bargaining/interest-based bargaining/win-win bargaining, is a negotiation strategy where parties compromise and bargain to find a solution which satisfies each other’s needs and concerns.

The referral of a matter to court for a judge to make a decision. Litigation includes the parties following the formal court procedures defined.

A type of alternative dispute resolution process whereby an Independant third-party assists the disputing parties to resolve a dispute by enhancing the quality of their negotiations. The mediation process is controlled by the mediator who will guide the parties through joint and sperate meetings. The key principles of mediation are confidentiality, without prejudice, the parties control and determine the substantive discussions and outcomes, the mediator controls the process, the parties participation and continuation in the process is voluntary. Mediation may be imposed by the law or may be used as a voluntary process that the parties agree to use.

Negotiation involves an engagement between two or more parties with the purpose of reaching an agreement that is binding. Effective negotiations will ensure that the process, people and issues (problems) are equally attended to. There are different approaches to negotiations and different styles of negotiations. The two styles of negotiation are positional negotiations and interest negotiations.

Private mediation and arbitration involve the parties voluntarily agreeing to mediation or arbitration through a written agreement rather than being forced into the process through a statutory provision (law). This can be done at any stage, and the parties can agree to the mediator or arbitrator of their choice and also the terms of reference and powers that will apply. These processes take place at the parties convenience. The parties pay for the costs of the mediation in equal proportions unless otherwise agreed to.

Retrenchment is a no-fault dismissal occurring as a result of an employee’s operational requirements.

Dispute resolution refers to several processes used to resolve conflicts. These include mediation, arbitration, facilitation, investigations, relationship building by objectives, court adjudication and the like.

A mediator is an independent third party that assists and guides parties towards their own solutions to their dispute through enhancing the quality of negotiations. The mediator controls the process and ensures that the principles of mediation are abided to during the mediation.

A mediator is an independent third party that facilitates the negotiations between disputing parties. The mediator will use their skills and the process to enhance the quality of the negotiations between the parties in a way that improves the understanding of the underlying needs and concerns, create opportunities to generate options, facilitate the negotiations/bargaining and option selection between the parties and assist the parties to finalise an agreement where required

Transformative mediation is a people-centric approach to resolving disputes. It stands in opposition to problem-solving mediation, which focuses on resolving specific disputes between parties and finding an amicable solution to the immediate, short-term, problem at hand.

Transformative mediation focuses on the empowerment and mutual recognition of the parties instead of finding a solution to an immediate, short-term, issue.

Workplace mediation is a confidential and voluntary process utilised by organisations to address conflicts that arise in the workplace. For example, the need for mediation may arise due to bullying, harassment, or grievances. Organisations appoint a mediator to assist the parties to understand the issues and reach a mutually benefitting agreement. Workplace mediation also has a focus on restoring the relationship between the parties as far as possible.

Workplace mediation is a confidential and voluntary process utilised by organisations to address conflicts that arise in the workplace. For example, the need for mediation may arise due to bullying, harassment, or contractual disputes. Organisations appoint a mediator to assist the parties to understand the issues and reach a mutually benefitting agreement.

A person must complete a recognised mediator course of at least 40 hours with practical assessments. There is no law defining this. However, DISAC and NABFAM are voluntary professional organization which accredit mediation training. in the future there will be one accreditation body recognised. The quality of mediation training differs in South Africa. Check whether the training is certified by DISAC, NABFAM and/or the IMI. Mediate Works recommends mediator training offered by Conflict Dynamics.