Papers and presentations to download

Conflict Dynamics publishes papers and presentations from its directors and other leaders in the field of ADR. These are listed below, starting with the most recently posted.

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Title Author
Thoughts on judges and mediation: the picture in South Africa and England & Wales Tony Allen
Mediation When Value Systems Differ - published in De Rebus of Aug 2017 JP Venter
The development of legislation to promote alternative dispute resolution & access to justice in South Africa – the way forward. A presentation made to the 2017 SAAM conference. John Brand
The Global Pound Conference Series : Opening Address Thursday 29 June 2017 : “Shaping the Future of Dispute Resolution & Improving Access to Justice”  Edwin Cameron, Constitutional Court of South Africa
Results of Johannesburg GPC conference 2017 Johannesburg GPC conference delegates
Nelson Mandela – The Greatest Negotiator of the 20th Century? John Brand
Dunnett principles emerge in South Africa: a review of Brownlee v Brownlee Tony Allen
CPR International Mediation Procedure 2017 CPR International Institute for Conflict prevention and Resolution
CPR Domestic Mediation Procedure CPR International Institute for Conflict prevention and Resolution
Comment to the DTI on the Draft Regulations on Mediation Rules of the Protection of Investment Act Conflict Dynamics
IMI Model Mediation Rules 2016 International Mediation Institute
CEDR Mediation Audit 2016 CEDR
Mining Indaba - presentation on The Occupational Lung Disease Facilitation Process John Brand
CEDR Model Mediation Procedure 2017 edition CEDR
Review: Commercial Mediation: A User's Guide by Brand, Steadman & Todd Louis Rood BA LLB (UCT) of Fairbridges Wertheim Becker
'Building Commercial Dispute Resolution - Lessons from around the world' in the 4th edition of the DTI Regulatory Debates developed by the Consumer Corporate Regulation Division Marion Shaer
The What, How and When of Mediation - equipping lawyers with a comprehensive understanding of mediation LEAD and Conflict Dynamics
Cape Law Society form LSSA
Cape Law Society statement LSSA
Nelson Mandela as Negotiator Harold I Abramson
Court annexed mediation in the High Court of Namibia - MANDELA INSTITUTE PRESENTATION DCJ Petrus T Damaseb
The development of court annexed mediation - lessons form Uganda - MANDELA INSTITUTE PRESENTATION Justice Geoffrey Kiryabwire
Mediation - lessons form Nigeria - MANDELA INSTITUTE PRESENTATION Kehinde Aina
Court annexed mediation and what we have learned - MANDELA INSTITUTE PRESENTATION Mohamed Ali Chicktay
Court Annexed mediation - various disciplines (family law) - MANDELA INSTITUTE PRESENTATION Wesahi Domingo
From mediation to non-adversarial justice - MANDELA INSTITUTE PRESENTATION Laurence Boulle
Court annexed and ordered mediation in Australia - MANDELA INSTITUTE PRESENTATION Steve Lancken
A critique of the Court-annexed mediation rules - MANDELA INSTITUTE PRESENTATION John Brand
How mediation has developed in the UK, more particularly England, without being court-annexed and in a time of austerity - MANDELA INSTITUTE PRESENTATION Felicity Steadman
How to establish and run a successful mediation practice - MANDELA INSTITUTE PRESENTATION Felicity Steadman
Is the formalisation of mediation standards and processes a barrier? - MANDELA INSTITUTE PRESENTATION Ebrahim Pateilia
Mediation - moving towards a profession - MANDELA INSTITUTE PRESENTATION Hendrik Kotze
Mediation in the State enviroNment - MANDELA INSTITUTE PRESENTATION Varsha Sewlal
Mediation, a new focus for mediators - MANDELA INSTITUTE PRESENTATION Nic Swart
Private mediation agencies and their role alongside court annexed mediation processes - MANDELA INSTITUTE PRESENTATION Thandi Orleyn
Interest Arbitration - Potential for South Africa. A presentation to the University of Witwatersrand LLM Class 10 September 2016 John Brand
Comments on medico-legal mediation in Annual Report 2015 - 2016 National Health Service Litigation Authority
BREXIT seminar:- deadlock, difficulty and dissent, the impact of personality on a successfully negotiated outcome Ranse Howell
The role of mediation in medical schemes Craig Burton-Durham
Mediation as the oyster of meaningful opportunity for medical schemes in settling complaints and disputes with their members Trevor Bailey
Notes on the Council of Medical Schemes workshop 2016 Marion Shaer
How to better deal with medico-legal disputes John Brand
Court Annexed Mediation: Successes, Challenges and Possibilities 20 and 21 July 2016 Conference Mandela Institute WITS
The potential for mediation in resolving shareholding, directors and commercial disputes John Brand
Collective Bargaining Critical Thinking Forum - Dec.2015 John Brand
Marikana - what can companies learn form the tragedy. A presentation to the JSE Nov.2015 John Brand
Lessons from Marikana - 6 October 2015 John Brand
A Brief History of South African Labour Law John Brand
Mediation practice update - how is the mediation market in the UK changing? Felicity Steadman
Summary of presentations at MEDIATION WEEK MEETINGS 2015 Felicity Steadman
ediation: anti-conflict catalyst? - MEDIATION WEEK ARTICLE Michael Morris - Sunday Argus 25 October 2015
Mediation crucial in dealing with disputes – MEDIATION WEEK ARTICLE Michael Morris - Sunday Tribune 25 October 2015
Note on Mediation - MEDIATION WEEK PRESENTATION Sven Olivier
Brownlee v Brownlee Judgement - MEDIATION WEEK REFERENCE Brassey AJ
Mediation can Cool Tempers and Limit Costs - MEDIATION WEEK ARTICLE Brand, Steadman and Shaer - Business Day 21 October 2015 -
International Mediation Week - contextualising the South African Experience - MEDIATION WEEK PRESENTATION John Brand
The Use of Alternative Dispute Resolution Methods in Corporate Disputes: The provisions of the Companies Act of 2008 Toby Wiese
Mediation Advocacy - the role of lawyers in mediation Dwight Golann
Mandatory mediation in South Africa: are there Constitutional implications? MEDIATION WEEK PRESENTATION John Brand and Chris Todd
Mediation Rules of the High Court of Namibia - MEDIATION WEEK REFERENCE Namibian Legislators
Mediating clinical negligence disputes - PowerPoint Tony Allen
Mediating clinical negligence disputes - a paper Tony Allen
How to expand your skills and vary your mediation style to effectively mediate workplace disputes. Felicity Steadman
Opportunities for accredited mediators to expand their practice into the arena of employment and workplace mediation. Felicity Steadman
The Future of Collective Bargaining in South Africa – Time for a different approach? John Brand
Advertisement for and list of courts in mediation pilot project DOJ
Application form for enrollment as a court-annexed mediator DOJ
Mediation and Ombudsing: Complementary Processes Zetu Makamandela-Mguqulwa
Presentation on interest arbitration to the Wits University LLM class. John Brand
Risk assessment in commercial mediation John Brand
Conflict Dynamics' comments on the draft accreditation norms and standards for mediators Felicity Steadman and John Brand
How the law could better regulate the right to strike in South Africa John Brand
Draft accreditation norms and standards for mediators for court annexed mediation - published 1st August 2014 DOJ
The Essence of Mediation - a South African Perspective John Brand
CEDR Mediation Audit 2014 CEDR
Lessons from Marikana and the platinum strike John Brand
The Future of Collective Bargaining in South Africa - time for a different approach John Brand
Mediation to address the medical malpractice crisis in South Africa John Brand
Mediation Rules Booklet DOJ
Access to court, or access to justice? Mediation in medical negligence cases. Barney Jordaan
Efficiency in civil justice and the right place for mediation Tony Allen
A discussion of the new mediation provisions in the South African Magistrates Courts Rules Tony Allen
Court Annexed Mediation Rules - published 18th March 2014 Rules Board
FEDUSA Conference PowerPoint presentation John Brand
Resolving labour tensions in South African mining – the effective regulation of industrial democracy. John Brand
Strikes in Essential Services - October 2013 3rd Bienniel Labour Relations Conference - PowerPoint presentation John Brand
Strikes in Essential Services - October 2013 3rd Bienniel Labour Relations Conference - paper John Brand
Conflict Dynamics Mediator Survey 2013 - PowerPoint presentation Conflict Dynamics
Marikana and its implications for industrial relations in South Africa John Brand
The education as essential service debate - presented to the SADC congress June 2013 John Brand
Survey of experience and attitudes of lawyers in SA to mediation - 2013 Conflict Dynamics
Mediation Accreditation Standards DiSAC
Draft mediation rules - comments by DiSAC May 2013 Hendrik Kotze
Decsion tree table John Clark
Decision trees in negotiation and mediation John Clark
Review of "Commercial Mediation : a user's guide" Charles Cohen
Draft mediation rules - comments by Conflict Dynamics May 2013 Felicity Steadman and John Brand
Draft voluntary court-annexed mediation rules of the Magistrates Courts - May 2013 Department of Justice Rules Board
Rights-­‐Compatible, Interest-­‐Based, Locally-­‐Grounded Solutions to Company -­‐ Community Conflicts: Challenges & Opportunities for Mediators in the African Context Brian Ganson
IBA Rules for Investor-State Mediation October 2012 International Bar Association
Guidelines for Arbitrators Conducting Complex Arbitrations CPR International Institute for Conflict Prevention and Resolution
Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations Thomas J. Stipanowich and J. Ryan Lamare
Workplace mediation - a strategy for effectively managing conflict in the workplace Sharon Wakeford
Conflict Dynamics 2012 Mediator Survey - PowerPoint presentation Conflict Dynamics
Building a mediation practice - PowerPoint presentation Felicity Steadman
Should Teachers have the Right to Strike? John Brand
Working together to resolve disputes - uses and benefits of joint meetings in commercial mediation Heather Allen, Stephen Bate, Chris Newmark, Felicity Steadman
Case study on joint union management negotiation skills training and faciltiation John Brand
Constitutional Court Lends Support to Mediation John Brand and Emmylou Wewege
Pro-mediation Magistrate's Court Ruling Bellville Magistrate's Court
Extract from King III King III Report
Is it safe to arbitrate in South Africa? John Brand and Emmylou Wewege
ADR in South Africa: A Trademark Perspective Bowman Gilfillan Attorneys
ADR and the Public Service Gina Barbieri
The South African High Court Obliges Lawyers to Recommend Mediation - MEDIATION WEEK REFERENCE John Brand