Thoughts on mandatory mediation and interest arbitration

11 June 2015

John Brand and Chris Todd reflect on recent initiatives to promote mediation in South Africa, and respond to concerns that compulsory or ‘mandatory’ mediation in the civil justice system is (or may be) unconstitutional because it violates the right of access to courts. 

John Brand explores whether interest arbitration might be a process which could help parties avoid unnecessary strikes and the losses associated with them. 

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