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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 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.

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. 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.

Mediate Works' team of independent experts offers a range of services in Alternative Dispute Resolution, Training, and Advisory. Our team has a combined experience of over 100 years of service. Whether you need assistance with the development of new policies and revision of company frameworks, a facilitator to assist with negotiations, or even an independent investigator, Mediate Works has a solution that works for you.

Yes, MW facilitates workshops Does Mediate Works facilitate workshops? Yes, MW facilitates workshops

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.

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 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.

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 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.

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

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

- Relationship conflict - Data conflict - Values conflict - Structural conflict - Interest conflict What are different types of disputes? - Relationship conflict - Data conflict - Values conflict - Structural conflict - Interest conflict

A mediator is appointed to assist the parents in creating a parenting plan which suits both parties. What happens in custody mediation? A mediator is appointed to assist the parents in creating a parenting plan which suits both parties.