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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 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.

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 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.

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. 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.

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 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.

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.