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MW’s training model challenges each individual’s thinking, allows them to learn from each other and about one another. Participants are taught about the importance of starting their journey towards a more diverse and inclusive society and to sharpen their soft skills and work towards a more diverse and inclusive workplace.

Conflict is a common aspect of human interactions. How we choose to address these conflicts can significantly impact our relationships and environments. Understanding the fundamentals of resolving conflicts effectively is crucial for personal and professional growth. In this article, we will explore the essential strategies, benefits, and skills involved in effective conflict resolution. The Importance of Conflict Resolution Conflict resolution is not just about ending disputes; it's about fostering a better understanding between parties. When conflicts arise, they can lead to stress, decreased morale, and damaged relationships. However, effectively resolving these tensions can yield several benefits. For starters, it promotes better communication. Clear dialogue helps clarify misunderstandings. Additionally, effective conflict resolution skills can enhance teamwork and collaboration in various settings. A well-organized professional meeting space that encourages discussion When people work effectively to resolve disputes, they often innovate and build a stronger sense of cohesion and trust. An organization that values conflict resolution sees increased productivity, as employees feel respected and heard. Key Conflict Resolution Techniques There are numerous conflict resolution techniques that individuals can employ. Here are some practical strategies: Active Listening: This is the foundation of effective communication. By genuinely listening to the other person's perspective, you can understand their feelings and concerns. Practice mirroring their words, which shows that you value their input. Empathy: Try to put yourself in the other person's shoes. Understanding their emotions can help de-escalate a situation. Empathy fosters connection and opens the door for a solution. Open Communication: Sharing your thoughts and feelings honestly can prevent misunderstandings. Use “I” statements, such as “I feel” or “I need,” to express your feelings without blaming the other party. Finding Common Ground: Identify shared goals or aspirations. This helps redirect the focus from differences to areas of mutual interest. Compromise: Reach for solutions that will resolve critical issues for all sides . Be willing to meet halfway at the least. Compromise doesn’t mean giving up your values, but rather embracing collaboration for a satisfactory solution. By implementing these strategies, you can effectively navigate conflicts and foster a healthier environment. For more specialized techniques, you can explore various conflict resolution methods . Effective resolution brings peace and stability Recognizing Different Conflict Types Understanding the type of conflict, you are dealing with can significantly aid in choosing the right resolution method. Conflicts can generally be categorized into four main types: Interpersonal Conflicts: These occur between individuals and often stem from differences in opinions or personalities. For example, two colleagues may disagree on a project approach. Intrapersonal Conflicts: These are internal struggles within an individual, such as grappling with making a difficult decision. Intragroup Conflicts: These happen within a team and can arise from competition for resources or lack of clarity in roles. Intergroup Conflicts: This type occurs between different groups or departments, often related to competition or conflicting goals. Recognizing the type of conflict will guide your approach to resolution. For instance, addressing interpersonal conflicts often requires a more personalized approach, while intergroup conflicts may necessitate a broader strategy involving multiple stakeholders. Effective conflict management requires focus, active listening and communication Skills for Effective Conflict Resolution Building conflict resolution skills requires practice and dedication. Here are several key skills to develop: Communication Skills: Being able to express yourself clearly and respectfully is vital. This includes both verbal and non-verbal communication. Problem-solving Skills: Approach conflicts with a solution-oriented mindset. Analyze the situation objectively and brainstorm possible solutions. Negotiation Skills: Being able to reach mutually beneficial agreements is crucial. This involves give-and-take and understanding what you are willing to compromise on. Emotional Intelligence: Being aware of your emotions and those of others can significantly impact conflict situations. Higher emotional intelligence enables you to navigate tricky conversations more adeptly. Patience: Conflict resolution can be a gradual process. It's essential to remain patient as you work towards a solution. Investing time in developing these skills can pay off greatly, not only in resolving conflicts but also in improving your relationships and overall emotional well-being. Practical Steps to Resolve Conflicts When faced with a conflict, follow these practical steps to improve your chances of resolution: Identify the Root Cause: Understanding the underlying issue is vital. Ask open-ended questions to unfold the true concern behind the conflict. Set a Positive Environment: Ensure that discussions occur in a neutral, calm space. A comfortable setting can lead to more productive dialogue. Use "I" Statements: Structure conversations around your feelings rather than blaming the other person. This reduces defensiveness and keeps the discussion constructive. Focus on Solutions: Shift the conversation from what went wrong to how you can move forward. Encourage brainstorming of solutions from all parties involved. Follow Up: After reaching a resolution, establish a follow up session with the involved parties to ensure that the agreed solutions are being implemented. This reinforces accountability and commitment. By following these steps, conflict can transition into an opportunity for growth and understanding, rather than a source of ongoing tension. Going Beyond Resolution: Nurturing Relationships Conflict resolution is just one side of the whole spectrum of interpersonal interaction. Once a resolution is achieved, it’s equally important to nurture the relationship moving forward. Build Trust: Reliability in your words and actions will foster trust. Show that you can be counted on, and others will feel safe expressing concerns in the future. Practice Forgiveness: Holding onto resentment can hinder future relationships. Practice forgiveness as a means of liberating yourself from past conflicts. Celebrate Successes: Acknowledge the effort put into resolving conflicts. Celebrate the successes that emerge from collaborative solutions. Continual Learning: View conflicts as lessons. Analyze what worked, what didn’t, and how you can improve in the future. Each conflict resolved presents a unique opportunity for learning. By investing time and effort into nurturing relationships post-conflict, you create an environment of trust, collaboration, and mutual respect that is resilient against future disputes. Final Thoughts on Conflict Resolution Conflict resolution is a vital skill that everyone should develop. The benefits are far-reaching, affecting personal and professional spheres. By understanding various strategies, types of conflict, and key skills, you can transform conflicts into opportunities for growth. Investing in personal development and practicing effective conflict resolution can lead to more meaningful relationships and a more harmonious environment. Embrace conflict as a natural part of life and turn it into a catalyst for positive change. Where the parties are not capable, it is best to have an independent facilitator or mediator to enhance the quality of their engagements. We have reputable independent experts that can help. Negotiations require an effective process, a focus on relationships and a careful navigation of the issues.

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 resolution provide essential support, helping individuals and organizations navigate these challenges effectively. They offer more than mere mediation; they employ strategies that promote effective communication, reducing the likelihood of escalated tensions. Understanding Dispute Resolution Dispute resolution refers to methods used to resolve conflicts without resorting to litigation. Traditional methods include negotiation, mediation, and arbitration. These processes aim to find a mutually acceptable solution, minimizing prolonged conflict. The benefits of utilizing professional services in dispute resolution are substantial. According to various studies, organizations that rely on professional mediators often report quicker resolutions and higher satisfaction levels among the involved parties. Collaborative negotiation in action. Negotiation is the most straightforward form of dispute resolution. It involves a dialogue between parties aimed at reaching an agreement. When negotiations do not yield results, mediation becomes a viable option. Mediators act as independent third parties, guiding conversations and suggesting solutions without making binding decisions. Importance of Professional Guidance in Disputes Professional dispute resolution services are vital in ensuring an impartial approach to conflict resolution. Expert mediators and arbitrators bring specific training and experiences that enable them to handle disputes with tact and skill. Their expertise can lead to outcomes that might not be achievable through direct negotiation alone. Consider a scenario where two companies are engaged in a business dispute over a contract misunderstanding. In the absence of professional intervention, the situation may escalate into a lengthy and costly legal battle. However, bringing in a professional mediator could facilitate effective communication, helping both parties express their concerns and understand different perspectives. Setting for mediation to resolve disputes. Statistics reveal that up to 85% of all disputes are resolved through mediation , thanks to the involvement of trained professionals. This not only saves time and resources but also preserves business relationships and personal connections. Processes Employed by Professional Services Dispute resolution services utilize various processes tailored to the nature of the conflict. These include: Mediation : In mediation, both parties meet with a mediator who facilitates the conversation. The mediator helps pinpoint key issues and promotes understanding while allowing both sides to express their viewpoints. Arbitration : Unlike mediation, arbitration involves a neutral third party making a binding decision after reviewing the case. This process is often faster than traditional court proceedings, making it an attractive option. Collaborative Law : This method involves both parties hiring their own lawyers, but instead of going to court, they work together to reach a satisfactory resolution. Conciliation : Usually less formal than mediation, conciliation helps to prepare both parties for productive negotiations, often rebuilding trust that might have been lost. 90% of individuals who utilized mediation services found that they were able to reach satisfactory resolutions, demonstrating the effectiveness of these processes. When to Seek Professional Help Knowing when to seek professional assistance can make a significant difference in resolving a dispute. While some conflicts can be amicably settled through direct dialogue, signs that you need professional intervention may include: Inability to communicate effectively Escalation of the conflict Emotional distress affecting judgment Loss of trust between parties Engaging professional services early on can mitigate further issues and promote a healthier resolution process. For example, a simple misunderstanding between coworkers could escalate into a larger workplace conflict if not handled promptly. Resources available for mediation and conflict resolution. The Role of Communication Clear communication is at the heart of successful dispute resolution. Professional services aid in promoting transparent dialogue between conflicting parties. This includes active listening, clarifying misunderstandings, and expressing concerns constructively. Training in these communication techniques can benefit not only the resolution of disputes but also future interactions. For instance, businesses that employ conflict resolution training programs report a significant decrease in workplace disputes and improved morale among employees. When parties feel heard, the likelihood of reaching a satisfactory compromise increase. Conflict resolution professionals emphasize the importance of using “I” statements and maintaining a respectful tone during discussions to keep the focus on the issue rather than personal attacks. Moving Forward with Solutions Successful dispute resolution prioritizes the development of workable solutions. It is imperatively important for all involved parties to commit to the negotiated terms. Often, disputes that have been resolved amicably foster improved relationships, enhancing mutual respect and understanding. A recommendation for those navigating disputes is to create a written agreement summarizing the points discussed and the solutions reached. This document serves as a reference, reinforcing accountability and clarity among parties. In conclusion, leveraging professional services for dispute resolution opens pathways to amicable solutions. As conflicts are commonplace, having the right support can save time, resources, and emotional energy. When disputes arise, considering the assistance of trained professionals can significantly improve the resolution process and lead to more satisfactory outcomes. If you are interested in learning more about how professional services can assist in resolving disputes, consider exploring available dispute resolution services . Our indpeendant experts have experience, the right training and abide to a code of professional standards and ethics. To learn more about the art and science of negotiation, you may find our book to be a useful resource .

Civil mediation is an essential alternative dispute resolution (ADR) mechanism. It allows parties to resolve their disputes outside the court system. Court Annexed Mediation in the Civil Courts in Gauteng has made mediation a required step in legal processes. This guide provides an overview for lawyers and in-house counsel on how to advise, set up, and represent clients in the civil mediation process in South Africa. Understanding Civil Mediation What is Civil Mediation? Civil mediation is a voluntary process. In this process, an impartial third party, known as the mediator, assists disputing parties. The goal is to reach a mutually acceptable resolution. This method is characterized by confidentiality, flexibility, and a strong focus on collaboration. Benefits of Civil Mediation Cost-Effective : Civil mediation is often much cheaper compared to litigation. Time-Efficient : It typically resolves disputes much faster. Confidential Process : This protects parties' privacy. Preserves Relationships : Mediation helps maintain relationships between parties. Client Empowerment : It empowers parties to control the outcome of their disputes. Advising Clients on Civil Mediation Initial Consultation During the initial meeting, assess the nature of the dispute and the parties involved. This is crucial in determining whether mediation is suitable for the specific case. Explain the mediation process clearly, highlighting its benefits and limitations to ensure clients are well-informed. Preparing Clients for Mediation Preparation is key to a successful mediation session. Encourage clients to identify their goals and interests. It’s important for clients to remain open-minded and flexible throughout the process. Also, discuss possible outcomes and emphasize the value of compromise. Preparing clients for the emotional aspects of mediation can lead to a more constructive experience. Setting Up the Mediation Process Selecting a Mediator Choosing the right mediator is essential. Select a qualified mediator with experience in the relevant area of law. It’s beneficial to consider the mediator's style and approach. This ensures compatibility with your clients' needs and expectations. Drafting a Mediation Agreement It is critical to outline the terms of the mediation process clearly. This includes confidentiality clauses to protect sensitive information. Specify details about the timeframe for mediation and the chosen venue. Additionally, include provisions for the selection of the mediator and any associated fees. Logistics and Preparation Finalizing logistics is another vital component. Coordinate with the opposing party and ensure you comply with all mediation process requirements for Court Annexed Mediation. Arrange for a neutral venue that promotes open dialogue. Make sure all parties know the mediation date and time well in advance. Gather all relevant information to support your client's position. Develop a strategic plan for mediation. This plan should be flexible, evolving throughout the session based on developments and aligned with your client’s needs. Mediation is a flexible process that stimulates the effectiveness of the negotiations between parties. Lawyers usually attend. Representing Clients in Mediation During the Mediation Session During the mediation session, your role is crucial. Assist clients in expressing their needs and interests clearly. Encourage active listening and promote respectful communication between all parties. Help clients evaluate proposals and counteroffers carefully. Advise them on the legal implications of potential agreements they might reach during mediation. This ensures that clients make informed decisions. Post-Mediation Follow-Up The work does not end when mediation concludes. If an agreement is reached, assist in drafting a formal settlement agreement. Ensure that the agreement is enforceable and accurately reflects the intentions of both parties. If mediation does not succeed, discuss next steps, including possible litigation. Benefits of Professional Representation Having professional guidance during mediation can significantly affect the outcome. A lawyer's expertise can help navigate complex discussions and ensure that all legal aspects are covered. Effective representation leads to better client satisfaction and resolution rates. Conclusion Civil mediation offers a viable alternative to litigation. It allows parties to resolve disputes amicably and efficiently. By understanding the mediation process and advising clients effectively, lawyers can enhance their roles as advocates and negotiators. Proper preparation and representation during mediation can lead to satisfactory outcomes for everyone involved. We offer internal workshops to assist you in learning how to prepare and use mediation. Contact us at info@mediateworks.com . Would you be interested in attending a one-hour online information session on how to use and prepare for mediation?

Discover expert conflict resolution and training services with Mediate Works (Pty). Contact us today for tailored solutions. Mediate Works (Pty) has been a leader in conflict management and dispute resolution services since 1997, offering tailored solutions to meet diverse needs. We provide experienced professionals that work in the private & public sector. We deal with labour, commercial, family and court-annexed matters. With a commitment to professionalism and ethics, Mediate Works (Pty) ensures efficient, independent, and cost-effective processes for sustainable outcomes. Based in South Africa, our services extend globally, reflecting our dedication to peacebuilding and development. CONTACT US Mediate Works WE ARE INDEPENDENT EXPERTS Appropriate Dispute Resolution. A Practical Guide to Negotiation, Mediation and Arbitration The third edition of this book covers effective conflict management and negotiation skills, the psychology of conflict, mediation and arbitration processes in civil, commercial, labour and family matters. We simplify the Rule 41A High Court mediation process and provide insight into ombuds, and domestic and international arbitration. We provide practical guidance to mediators, arbitrators and representatives. Trainers and lecturers will obtain benefit from the exercises and role plays. Buy Book Now Home: Overview Experts in Dispute Resolution, Training & Advisory Mediate Works provides independent and quality conflict management, dispute resolution, training and advisory services in the private and public sector. We have been contributing to peace building and development in South Africa and across the globe since 1997. We provide interventions tailored to our clients' unique needs. We pride ourselves on providing quality, professional, transparent, and fair value services. Home: Services How Can We Help You? Independent Experts in Dispute Resolution MW specialises in providing unique appropriate dispute resolution process solutions to meet your needs. We distinguish ourselves in working with our clients to build bespoke process solutions and to select 'fit for purpose' independent experts that meet the unique needs of each matter. Our process solutions can be applied in any sector or situation in which you require finality, independence, efficiency and value for money. Our processes are particularly effective in commercial, public sector, employment, medico-negligence, family, civil and community scheme matters. We abide by the highest standards of professionalism and ethics. MORE Custom and Affordable Training MW offers online and in-person training and development programs that can be customised and packaged to suit your needs. All our products are made to cater to both small and large organisations and we also offer public courses and workshops that are open to individuals. We pride ourselves in offering affordable training and our teams have the flexibility to adjust and tailor processes. MW offers training on a range of topics. Some examples of our training offerings: Harassment & Bullying Diversity, Inclusion & Belonging Negotiation Skills Managing Discipline Mediation For Representatives Labour Law for Managers BOOK Labour and Business Advisory MW is able to provide advisory services to minimise disputes, assess legal risk and help you prepare for any ADR process. Our associates are able to draw on their vast experience in dispute resolution, labour and commercial law to provide companies with sound advice. Our associates have the necessary practical experience to assist clients with a risk analysis of their case, and to develop the necessary policies, processes and procedures with regards to dispute resolution. We have proven expertise in advising and coaching negotiating teams. BOOK Home: People Mediate Works Associates Ebrahim Patelia MW || Founding Director Ebrahim is a skilled mediator, facilitator, chairperson, and trainer. He has 27 years of experience as an attorney and ADR specialist. Shidaan Bismillah MW || Gold Associate Shidaan is an experienced and accredited mediator, faclitator and chairperson. Lungile Zondi MW || Platinum Associate Lungile Zondi is a skilled mediator, facilitator, chairperson and trainer. Ahmed Cachlia MW || Platinum Associate Ahmed is a skilled mediator, facilitator, chairperson and trainer. Samantha Phumaphi MW || Platinum Associate Samantha is a Barrister (Advocate), mediator, arbitrator and facilitator. Andiswa Makasi MW || Platinum Associate Andiswa is a skilled arbitrator, mediator, facilitator, chairperson and trainer who is based in Cape Town. Karmini Pillay MW || Platinum Associate Karmini is an expert on sexual harassment in the workplace and is a skilled facilitator, chairperson and trainer. Arnause Mohlala MW || Platinum Associate Highly astute Advocate and Executive with 25 years’ experience in the employment relations/law, and labour dispute resolution field. Imthiaz Sirkhot MW || Platinum Associate Highly astute Advocate and Executive with 25 years’ experience in the employment relations/law, and labour dispute resolution field. Mohamed Chicktay MW || Platinum Associate Ali is a leading academic in labour law and ADR with over 20 years' experience. He adjudicates at CSOS and the Companies Tribunal. "We obtained value in the process and emerged with a clear strategic plan. The relationship of the key role players were improved because of the process. The Mediate Works team are experienced, and their approach was human centred and embraced values of independence, honesty and professionalism" Khomotso Mosoane Secretary Safety and Security Bargaining Council Home: Blog Mediate Works Blog 29 Apr 2025 Effective Strategies for Resolving Workplace Conflicts Continue 25 Apr 2025 Understanding the Gauteng High Court's Mandatory Mediation Directive Continue 12 Nov 2015 How do I become a mediator? Continue Home: Contact Contact Us Johannesburg, South Africa, 2198 info@mediateworks.com 0871505283 Submit

MW comprises a panel of independent experts who are skilled and experienced in various areas relating to employment law, labour, commercial disputes and other details related to Alternative Dispute Resolution, Mediation and Training. Frequently Asked Questions If any of your questions are not listed on our website, please feel free to contact us directly. Does Mediate Works facilitate workshops? Yes, MW facilitates workshops Does a mediator make a binding decision? 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. What are different types of disputes? - Relationship conflict - Data conflict - Values conflict - Structural conflict - Interest conflict What are the different types of facilitation? 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. What are the stages of conflict resolution? - Latent - Perceived - Felt - Manifest - Aftermath What are the steps of conflict resolution? - 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. What does ADR stand for? 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. What does Mediate Works do? 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. What happens in custody mediation? A mediator is appointed to assist the parents in creating a parenting plan which suits both parties. What is Sexual Harassment? 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. What is a CEDR accreditation? 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. What is a dispute? 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. What is a negotiation plan? 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. What is a section 189 notice? 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. What is alternative dispute resolution? Alternative dispute resolution (“ADR '') comprises of different types of processes to assist parties in resolving disputes without litigation. What is an unfair retrenchment? 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. What is an unfair retrenchment? 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. What is arbitration? 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. What is child custody mediation? 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. What is collective bargaining? 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. What is commercial dispute resolution? Commercial dispute resolution entails parties relying upon dispute resolution to resolve commercial disputes that arise from a transactional conflict. What is conciliation? 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. What is conflict? 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. What is court-annexed mediation? 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. What is dispute resolution? Dispute resolution is a process used to resolve disagreements or conflicts between parties. What is distributive bargaining? 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. What is facilitative mediation? 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. What is family dispute resolution? 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. What is integrative negotiation? 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. What is litigation? The referral of a matter to court for a judge to make a decision. Litigation includes the parties following the formal court procedures defined. What is mediation? 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. What is negotiation? 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. What is private arbitration and mediation? 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. What is retrenchment? Retrenchment is a no-fault dismissal occurring as a result of an employee’s operational requirements. What is the dispute resolution process? 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. What is the role of a mediator? 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. What is the role of a mediator? 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 What is transformative mediation? 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. What is workplace mediation? 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. What is workplace mediation? 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. Who qualifies as a certified mediator? 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.

- Latent - Perceived - Felt - Manifest - Aftermath What are the stages of conflict resolution? - Latent - Perceived - Felt - Manifest - Aftermath