Recently in South Africa there have been tentative attempts in rules of court and government regulations to encourage parties to use mediation prior to litigating. These attempts are welcome and have become even more necessary because of the COVID 19 pandemic which has made easy, quick, and inexpensive access to justice even more difficult than it was in ‘normal’ times. The purpose of this blog is to suggest some ways in which Judges can best encourage mediation and ensure that parties receive quality mediation when they do agree to use it.

Conflict Dynamics offers lawyers a training course on how to represent their clients effectively in mediation.

We hear a lot about the advantages of online learning in the higher educational setting during the current COVID-19 pandemic, but there are also ways in which online learning can be used for training and development in business and similar organizations. I recently attended the Conflict Dynamics mediator skills training online.

Conflict Dynamics welcomes the strong commitment by the State to the mediation of all civil disputes threatened or pending against the State and all organs of State. Mediation, as promoted in Section 13 of the Disaster Management Regulations, may take place before the commencement of litigation or once litigation has commenced. The recently published High Court Rule 41A also encourages the use of mediation, although that applies only once litigation has commenced.

With the global outbreak and spread of coronavirus our lives have been changed in a number of ways. As South Africans we are in the midst of a 21-day lockdown to contain the spread of this contagion. In response many businesses have had to adapt overnight. There are many examples of how businesses have transformed significantly with rapid advancements in technology and information serving the needs of employees by making remote work our new reality.

How can we help you to maintain staff training and development, to manage conflict and to resolve disputes in this difficult time of COVID-19? It can be tempting under the current circumstances to run and hide, cancel, postpone and ignore business imperatives - one of these being the development and training of staff and another being efficient and effective dispute resolution. At this time, we want our clients and their employees to be able to “Keep Calm and Carry On” and we are here to assist with this in any way possible. Contact us to discuss how we can provide you with the business continuity you require.

High Court Rule 41A which came into operation on 9th March and which requires parties to consider mediation before proceeding with litigation in the High Court is good news for lawyers. It gives them the opportunity to become mediators themselves, to represent their clients in a new forum as mediation advocates, and to give advice on a range of issues that their clients will need help with when they engage in mediation.

High Court Rule 41A came into operation on 9th March. The Rule seeks to encourage litigants to refer their disputes to mediation before proceeding with litigation. This is very good news for litigants who want quick, cheap and fair settlements of their disputes. It is also good news for the South African economy at a time when it needs all the assistance it can get. A big advantage of mediation in the present climate is that it can be done remotely, whereas litigation can't.

All it takes is one opportunity to unleash the potential of a young person and that is what Conflict Dynamics did for me. With over 6 million unemployed youth in our country, I am very grateful for the opportunity I have been given to be a part of the Conflict Dynamics team as the end result of my six-month internship is work experience, knowledge, and skills in a quality work environment as well as an improved young person.

Rule 41A, as most people know, is an amendment to the rules regulating the conduct of proceedings in the High Courts of South Africa and comes into operation on 9th March 2020. The Rule requires parties to disputes in the High Courts to consider mediation before proceeding with litigation. One of the first questions people ask about Rule 41A is - ‘who will mediate disputes under the Rule and what qualifications, if any, must the mediators have?’.

On 9th March 2020 South Africa takes its first tentative step into the world of High Court aligned civil mediation. On that day Rule 41A, an amendment to the rules regulating the conduct of proceedings in the High Courts of South Africa will come into operation. This is a step to be celebrated and, in a series of short blogs over the next few weeks, Conflict Dynamics will unpack what the Rule means for litigating parties, lawyers, Judges and access to justice in general.

Conflict Dynamics uses a wide range of teaching methods in its training delivery. One of them is the use of videos. The aim of our videos is to supplement our training with an example of best practice so that learners learn not just by doing but by observation too. We have three videos to purchase on-line: - How to Prepare for, Present in and Chair a Disciplinary Enquiry - How to Present in and Conduct an Arbitration Process - What to Expect in Mediation Each video is accompanied by a useful voice-over of what is you see as you watch.

The Relationships-by-Objectives process 'does what it says on the tin'. An independent facilitator assists employer and employee parties stuck in a troubled relationship talk through the symptoms and the causes of their troubles, and then guides them through a structured process to explore options and agree objectives and action plans to improve the relationship. If you would like to hear more about the process and acquire the skills join us on 27th February 2020 to learn more.

As the new decade dawned, we reflected on the Conflict Dynamics brand and whether it still serves the organisation. A brand reflects how a company wants to be seen by its stakeholders. In an age of social media and rapid change, we asked ourselves and our stakeholders whether the Conflict Dynamics brand, which has been around since 1996, is still appropriate. Our reflections have resulted in a refreshed brand, yet with a recommitment to the original rationale behind the brand.