Blog and Opinions

Uniform Rule 41A (Mediation as a dispute resolution mechanism)
25 May 2022

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Mr John Jeffery
Marion Shaer met with representatives of the Rules Board and of the Department of Justice to discuss their views on how Rule 41A will facilitate more effective access to justice in the Magistrates and High Courts.
Weaponizing Rule 41A
24 May 2022

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Hendrik Kotze
I recently had a conversation with an attorney who has been in litigation practice for a good 10 years. With me being a mediator, our conversation eventually turned to Rule 41A. I asked how this Rule was impacting her practice. She was quick to respond that everyone has now adapted to the new Rule.
Rule 41A: The Promise of Mediation and the Role of the South African Courts
23 May 2022

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Judge Roland Sutherland
The true value in mediation is in the techniques that mediators use to trigger fissures in the impasse of a particular dispute, and the intrinsic bias towards a fair result. Measures to encourage disputants to use mediation should emphasize the character of mediation as a technique suitable for a particular dispute; ie mediation as a professional intervention possessing role-specific attributes.
Collective Bargaining in South Africa : Post-COVID
24 April 2022

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Andrew Levy
The past few years have changed the face of the SA workplace and have been difficult for everyone on all fronts. Whilst the signs are pointing to a return to normality, with the worst ravages of Covid and the associated lockdown period behind us, do we have cause to be optimistic for the future – particularly from a labour point of view?
Transforming schools into collaborative and problem-solving communities
14 March 2022

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James Taylor
In South Africa, issues such as bullying, racism, sexism, exclusion, victimisation, misbehaviour and violence are a growing crisis in our school system. Despite the clear frameworks and discipline guidelines, there are very few programmes being implemented so that schools effectively deal with conflict in more suitable ways.
Opportunities for mediation in the tertiary education sector
14 March 2022

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Anthony Stacey
In some respects, the tertiary education sector is little different from other sectors in the economy. There are a variety of stakeholders with seemingly competing interests and limited resources, and the usual potential for conflicts and disputes. These are opportunities for mediated outcomes.