What is the difference between mediation and facilitation? - Mediator does not decide the outcome or solution to the mediation process whereas the facilitator has to decide an issue and often issues a directive. - In mediation, the parties remain in control of the outcome whereas in facilitation, if the parties cannot agree on the outcome the facilitator will make a decision. - Mediation is a voluntary process which parties can choose to withdraw from; if a court appoints a facilitator and the parties cannot reach an agreement, they have to continue with the facilitation process.

Frequently Asked Questions If any of your questions are not listed on our website, please feel free to contact us directly. 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. Does Mediate Works offer marriage counselling? Yes Is a mediation binding? 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. 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 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 is the dispute resolution process? Dispute resolution refers to several processes used to resolve conflicts. 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 the difference between litigation and dispute resolution? 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. What is litigation? The act or process of settling disputes in a court of law. What are the standard rules of negotiation? - 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 What is the role of a co-facilitator? A co-facilitator is one of the facilitators involved in the training process. 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 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.

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

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

Is a mediation binding? 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.

What is collective bargaining? Collective bargaining involves employers and employees negotiating for agreements on better wages or salaries, working conditions, benefits, etc.

What is the difference between litigation and dispute resolution? 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.

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.

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