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  • 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 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.

  • Training

    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.

  • 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 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 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 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 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 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 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 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 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 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 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.

  • 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. 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 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 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 dispute resolution?

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

  • 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.

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