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

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What is retrenchment? Retrenchment is a no-fault dismissal occurring as a result of an employee’s operational requirements.

What is negotiation? Negotiation is a discussion between two or more parties aimed at reaching a beneficial agreement over existing issues.

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 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 is family court mediation? The court with jurisdiction in the matter refers to the family dispute for mediation. The parties appoint a mediator from a panel of accredited mediators appointed by the Minister of Justice and Correctional Services.

Who qualifies as a certified mediator? A person must complete a 40-hour course with any of the mediation companies or universities providing mediation training.

What is conflict mediation? Conflict resolution is an informal or formal process whereby two or more parties use and find an amicable solution to their dispute.

What is conflict? Conflict is a disagreement between two or more parties. The disagreement can be based on a difference of culture, religion, belief, thought, interests, understandings, perceptions between parties.

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