Frequently Asked Questions

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.

Yes

No, mediation is private and confidential however, in the instance that a settlement is reached, that agreement becomes binding in terms of South African contract law. Mediation does not stop prescription and does not limit your rights to court.

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.

- 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.

Dispute resolution refers to several processes used to resolve conflicts.

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.

Litigation is more time-consuming and expensive than dispute resolution. Litigation can also ruin parties’ relationships as opposed to dispute resolution which is forward-looking and aims to preserve their relationship. While dispute resolution attempts to find a solution, which will satisfy both parties, litigation is focused on a win-win approach.

The act or process of settling disputes in a court of law.

- Everything is negotiable
- Visualise the outcome
- Preparation in advance
- Ask questions of your counterpart
- Listen
- Set goals for each deal point
- Your aspirations should be high
- Develop options and strategies
- Honesty and fairness
- Do not accept the first offer
- Create the appearance of strength
- Determine other party’s wants
- Try to be cooperative and pleasant

A co-facilitator is one of the facilitators involved in the training process.

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.