As the Commission of Enquiry into the conflict at Marikana in August this year does its work many are asking what might have been done to prevent the conflict from happening in the first place and from happening in future.

There has been much talk recently about the need to review prevailing structures and processes for collective bargaining as disputes have developed in the mining and the farming sectors in recent months.

John Brand and Felicity Steadman were recognised at the 2012 CEDR Awards for their extensive mediation training work in South Africa with the African Centre for Dispute Resolution at the University of Stellenbosch. In particular, they were the primary instigators of Commercial Mediation Skills Training working through Conflict Dynamics, with over 160 mediators accredited so far under the course.

John Brand made a presentation to the National Association of Bargaining Councils about current collective bargaining challenges and solutions. See PowerPoint presentation below.

It is anticipated that the rules for court based mediation will be gazetted in March, and that they will then be piloted in five High Courts, namely S Gauteng HC, N Gauteng HC, Western Cape, KZN and North West.