As the South African labour market enters its annual season of negotiations and collective bargaining in 2021, collaboration, creative thinking, complex problem solving, and co-determination are going to be paramount as the parties seek to ensure stable and sustainable outcomes.

Workplace mediation follows the same principles as mediation in other contexts, but in my experience there are also a number of significant differences. It is important to be aware of these differences and to adapt your mediator skills if you wish to work effectively as a workplace mediator.

Rule 41A is a powerful tool in the South African legal system and if used effectively by parties, their representatives and mediators it could make a considerable impact on the management of litigation in the High Courts. Join our webinar on Rule on 18 March 2021, to learn about how you can best use this tool.

Critical to the success of mediation is careful planning and preparation. Therefore it is essential that lawyers and parties understand what mediation is, the process involved, and its characteristics in order to fulfil their roles and responsibilities before, during and after the mediation process.

Mediation is emerging in South Africa as an effective and often preferred method for resolving disputes because it has the capacity to deliver better outcomes that parties can determine for themselves in a flexible, facilitated, negotiation process.

One of the biggest challenges for employers as more employees work from home is developing policies for the management of day-to-day discipline and performance and conducting disciplinary enquiries online to ensure a fair outcome for both employer and employee.