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MW comprises a panel of independent experts who are skilled and experienced in various areas relating to employment law, labour, commercial disputes and other details related to Alternative Dispute Resolution, Mediation and Training. Frequently Asked Questions If any of your questions are not listed on our website, please feel free to contact us directly. Does Mediate Works facilitate workshops? Yes, MW facilitates workshops 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 are different types of disputes? - Relationship conflict - Data conflict - Values conflict - Structural conflict - Interest conflict 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 are the stages of conflict resolution? - Latent - Perceived - Felt - Manifest - Aftermath 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 does ADR stand for? Alternative dispute resolution. We however prefer appropriate dispute resolution as mediation and arbitration are equally appropriate to court adjudication. The parties to a dispute need to make a wise choice on selecting an appropriate dispute resolution process that will assist them in resolving their dispute. 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. What happens in custody mediation? A mediator is appointed to assist the parents in creating a parenting plan which suits both parties. 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. 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 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. What is a negotiation plan? A negotiation plan entails planning before and during the negotiation and a consideration of yours and the other party’s needs: the motivation, risks, options outside of the bargaining range, tradeoffs and the human dynamic. 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 is alternative dispute resolution? Alternative dispute resolution (“ADR '') comprises of different types of processes to assist parties in resolving disputes without litigation. 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 arbitration? A type of alternative dispute resolution process whereby disputing parties appoints an arbitrator to hear their case. The arbitrator makes a decision on the issue; the decision is final and binding on both parties. Arbitration outcomes are subject to review and not appeal. The Arbitration Act governs private arbitration in South Africa. Private arbitration requires the parties to enter into an agreement to arbitrate. 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. 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 commercial dispute resolution? Commercial dispute resolution entails parties relying upon dispute resolution to resolve commercial disputes that arise from a transactional conflict. 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. What is conflict? Conflict is a disagreement with another person. The disagreement can be based on a difference of culture, religion, belief, thought, interests, understandings, perceptions between parties. Conflict occurs when one person perceives a difference with another person. Conflict is a natural occurrence in the human experience. People should manage conflict consciously and with an appropriate approach that helps them reach the desired outcome. The approaches to conflict management includes avoidance, accommodating, competing, compromising and collaborating. 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 dispute resolution? Dispute resolution is a process used to resolve disagreements or conflicts between parties. 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 facilitative mediation? Facilitation mediation is a style of mediation characterised by an Independant mediator guiding and assisting the parties to come to a solution. The mediator will not make any decisions that relate to the substantive and legal issues between the parties. The mediator controls the process and leaves outcomes to the parties. The mediator does not deliberately focus on restoring the relationship between the parties. The parties may raise this as an important issue and a such will be considered as one of the issues to facilitate. 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 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 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 mediation? A type of alternative dispute resolution process whereby an Independant third-party assists the disputing parties to resolve a dispute by enhancing the quality of their negotiations. The mediation process is controlled by the mediator who will guide the parties through joint and sperate meetings. The key principles of mediation are confidentiality, without prejudice, the parties control and determine the substantive discussions and outcomes, the mediator controls the process, the parties participation and continuation in the process is voluntary. Mediation may be imposed by the law or may be used as a voluntary process that the parties agree to use. 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 private arbitration and mediation? Private mediation and arbitration involve the parties voluntarily agreeing to mediation or arbitration through a written agreement rather than being forced into the process through a statutory provision (law). This can be done at any stage, and the parties can agree to the mediator or arbitrator of their choice and also the terms of reference and powers that will apply. These processes take place at the parties convenience. The parties pay for the costs of the mediation in equal proportions unless otherwise agreed to. What is retrenchment? Retrenchment is a no-fault dismissal occurring as a result of an employee’s operational requirements. What is the dispute resolution process? Dispute resolution refers to several processes used to resolve conflicts. These include mediation, arbitration, facilitation, investigations, relationship building by objectives, court adjudication and the like. What is the role of a mediator? A mediator is an independent third party that assists and guides parties towards their own solutions to their dispute through enhancing the quality of negotiations. The mediator controls the process and ensures that the principles of mediation are abided to during the mediation. What is the role of a mediator? A mediator is an independent third party that facilitates the negotiations between disputing parties. The mediator will use their skills and the process to enhance the quality of the negotiations between the parties in a way that improves the understanding of the underlying needs and concerns, create opportunities to generate options, facilitate the negotiations/bargaining and option selection between the parties and assist the parties to finalise an agreement where required 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 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 grievances. Organisations appoint a mediator to assist the parties to understand the issues and reach a mutually benefitting agreement. Workplace mediation also has a focus on restoring the relationship between the parties as far as possible. 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. 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.

Discover expert conflict resolution and training services with Mediate Works (Pty). Contact us today for tailored solutions. Mediate Works (Pty) has been a leader in conflict management and dispute resolution services since 1997, offering tailored solutions to meet diverse needs. We provide experienced professionals that work in the private & public sector. We deal with labour, commercial, family and court-annexed matters. With a commitment to professionalism and ethics, Mediate Works (Pty) ensures efficient, independent, and cost-effective processes for sustainable outcomes. Based in South Africa, our services extend globally, reflecting our dedication to peacebuilding and development. CONTACT US Mediate Works WE ARE INDEPENDENT EXPERTS Appropriate Dispute Resolution. A Practical Guide to Negotiation, Mediation and Arbitration The third edition of this book covers effective conflict management and negotiation skills, the psychology of conflict, mediation and arbitration processes in civil, commercial, labour and family matters. We simplify the Rule 41A High Court mediation process and provide insight into ombuds, and domestic and international arbitration. We provide practical guidance to mediators, arbitrators and representatives. Trainers and lecturers will obtain benefit from the exercises and role plays. Buy Book Now Home: Overview Experts in Dispute Resolution, Training & Advisory Mediate Works provides independent and quality conflict management, dispute resolution, training and advisory services in the private and public sector. We have been contributing to peace building and development in South Africa and across the globe since 1997. We provide interventions tailored to our clients' unique needs. We pride ourselves on providing quality, professional, transparent, and fair value services. Home: Services How Can We Help You? Independent Experts in Dispute Resolution MW specialises in providing unique appropriate dispute resolution process solutions to meet your needs. We distinguish ourselves in working with our clients to build bespoke process solutions and to select 'fit for purpose' independent experts that meet the unique needs of each matter. Our process solutions can be applied in any sector or situation in which you require finality, independence, efficiency and value for money. Our processes are particularly effective in commercial, public sector, employment, medico-negligence, family, civil and community scheme matters. We abide by the highest standards of professionalism and ethics. MORE Custom and Affordable Training MW offers online and in-person training and development programs that can be customised and packaged to suit your needs. All our products are made to cater to both small and large organisations and we also offer public courses and workshops that are open to individuals. We pride ourselves in offering affordable training and our teams have the flexibility to adjust and tailor processes. MW offers training on a range of topics. Some examples of our training offerings: Harassment & Bullying Diversity, Inclusion & Belonging Negotiation Skills Managing Discipline Mediation For Representatives Labour Law for Managers BOOK Labour and Business Advisory MW is able to provide advisory services to minimise disputes, assess legal risk and help you prepare for any ADR process. Our associates are able to draw on their vast experience in dispute resolution, labour and commercial law to provide companies with sound advice. Our associates have the necessary practical experience to assist clients with a risk analysis of their case, and to develop the necessary policies, processes and procedures with regards to dispute resolution. We have proven expertise in advising and coaching negotiating teams. BOOK Home: People Mediate Works Associates Ebrahim Patelia MW || Founding Director Ebrahim is a skilled mediator, facilitator, chairperson, and trainer. He has 27 years of experience as an attorney and ADR specialist. Shidaan Bismillah MW || Gold Associate Shidaan is an experienced and accredited mediator, faclitator and chairperson. Lungile Zondi MW || Platinum Associate Lungile Zondi is a skilled mediator, facilitator, chairperson and trainer. Ahmed Cachlia MW || Platinum Associate Ahmed is a skilled mediator, facilitator, chairperson and trainer. Samantha Phumaphi MW || Platinum Associate Samantha is a Barrister (Advocate), mediator, arbitrator and facilitator. Andiswa Makasi MW || Platinum Associate Andiswa is a skilled arbitrator, mediator, facilitator, chairperson and trainer who is based in Cape Town. Karmini Pillay MW || Platinum Associate Karmini is an expert on sexual harassment in the workplace and is a skilled facilitator, chairperson and trainer. Arnause Mohlala MW || Platinum Associate Highly astute Advocate and Executive with 25 years’ experience in the employment relations/law, and labour dispute resolution field. Imthiaz Sirkhot MW || Platinum Associate Highly astute Advocate and Executive with 25 years’ experience in the employment relations/law, and labour dispute resolution field. Mohamed Chicktay MW || Platinum Associate Ali is a leading academic in labour law and ADR with over 20 years' experience. He adjudicates at CSOS and the Companies Tribunal. "We obtained value in the process and emerged with a clear strategic plan. The relationship of the key role players were improved because of the process. The Mediate Works team are experienced, and their approach was human centred and embraced values of independence, honesty and professionalism" Khomotso Mosoane Secretary Safety and Security Bargaining Council Home: Blog Mediate Works Blog 29 Apr 2025 Effective Strategies for Resolving Workplace Conflicts Continue 25 Apr 2025 Understanding the Gauteng High Court's Mandatory Mediation Directive Continue 12 Nov 2015 How do I become a mediator? Continue Home: Contact Contact Us Johannesburg, South Africa, 2198 info@mediateworks.com 0871505283 Submit

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

Alternative dispute resolution. We however prefer appropriate dispute resolution as mediation and arbitration are equally appropriate to court adjudication. The parties to a dispute need to make a wise choice on selecting an appropriate dispute resolution process that will assist them in resolving their dispute. What does ADR stand for? Alternative dispute resolution. We however prefer appropriate dispute resolution as mediation and arbitration are equally appropriate to court adjudication. The parties to a dispute need to make a wise choice on selecting an appropriate dispute resolution process that will assist them in resolving their dispute.

$37.00 Dispute Resolution Book Now About this service MW specialises in commercial, labour and family disputes. We provide advice and professional dispute resolution services to government entities, private corporations, unions, academic institutions, NGO’s and private individuals. Our team ensures that clients receive a professional, efficient and quality service. Commercial Dispute Resolution Commercial disputes are those that arise from a transactional disagreement. Our team consists of expert facilitators and chairpersons to assist with your commercial disputes. Family Dispute Resolution MW offers family dispute resolution services that include; marriage counseling, divorce mediation and darwing up parenting plans at a fixed and affordable cost. Labour Dispute Resolution Where there is a dispute between employers and employees, MW is able to offer dispute resolution services to either party throughout the process. Previous Service All Services Next Service

$50.00 Advisory Book Now About this service MW is able to provide labour and organisational advisory services to minimise disputes and assess legal risk. We have a vast experience in labour and commercial law and provide companies with sound legal advice. In addition, a majority of our associates have been commissioners at the CCMA and have the necessary practical experience to advise clients on the strengths and weaknesses of their respective cases by setting up the necessary policies, processes and procedures with regards to dispute resolution. Previous Service All Services Next Service

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.

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.

Private mediation and arbitration involve the parties voluntarily agreeing to mediation or arbitration through a written agreement rather than being forced into the process through a statutory provision (law). This can be done at any stage, and the parties can agree to the mediator or arbitrator of their choice and also the terms of reference and powers that will apply. These processes take place at the parties convenience. The parties pay for the costs of the mediation in equal proportions unless otherwise agreed to. What is private arbitration and mediation? Private mediation and arbitration involve the parties voluntarily agreeing to mediation or arbitration through a written agreement rather than being forced into the process through a statutory provision (law). This can be done at any stage, and the parties can agree to the mediator or arbitrator of their choice and also the terms of reference and powers that will apply. These processes take place at the parties convenience. The parties pay for the costs of the mediation in equal proportions unless otherwise agreed to.

$19.99 Training Book Now About this service MW offers training programs that can be customised and packaged to suit your needs. All our products are made to cater to both small and large organisations and we also offer public courses and workshops that are open to individuals. We pride ourselves in offering affordable training and our teams have the flexibility to adjust and tailor processes. Custom Training Packages Mw offers a number of custom training packages to suit our client's needs. We consider the objectives, outcomes and employee numbers in all our proposals. Dynamic Training We are proud to say that MW is able to offer training both online and in-person. We have developed methods over the last 12 months that allow us to reach our clients wherever they are. Affordable Training Packages MW understands that not all our clients are the same and we offer valuable and competitive pricing solutions tailored to what your business needs. Contact us today for a fee schedule on your procedure. Previous Service All Services Next Service

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.

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. 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.