Marion Shaer, in collaboration with Felicity Steadman, developed a paper which was presented at a recent conference. The paper explored South Africa's rich history of mediation in dispute resolution, dating back to the 1980s, looking at where we are now and what the future could be in this space. While successful mediation practices are exemplified by the Labour Relations Act and the Commission for Conciliation, Mediation and Arbitration (CCMA), the civil justice system has been slow to adopt similar measures. Despite the introduction of court-annexed mediation rules in 2014 and 2020, their usage remains low, partly due to misunderstandings about mediation among public and legal professionals. To enhance access to justice, there is an urgent need for education, advocacy, and collaboration among stakeholders to promote mediation as a viable dispute resolution option. Read the abridged version of the paper here.

In today's workplaces, the ability to mediate conflicts effectively can drive team cohesion, enhance productivity, and foster a positive work environment. In this article, Conflict Dynamics Panelist, Mthimkulu Mashiya delves into the transformative power of mediation skills for managers. Discover how cultivating mediation skills equips managers to resolve disputes constructively, empower team members, and ultimately, support organisational success.

In this article Ebrahim provides some guidelines on how to prepare effectively for collective bargaining, which is a process of negotiating collective agreements between employers and trade unions. The article emphasises the importance of developing skills and knowledge of negotiators, enhancing the relationship and communication between the parties, reviewing and improving the processes and practices of bargaining, and adhering to the code of good faith. Ebrahim also suggests a negotiation planning framework that covers various aspects such as objectives, demands, interests, bargaining range, alternatives, risks, benefits, strategy, and pressure points. The article concludes that collective bargaining negotiations require serious planning and execution, as they have significant consequences for the economic development, social justice, labour peace, and workplace democracy.

Discover how overlooking the gravity of disciplinary hearings can be a costly misstep for employers. In her article, Hilda Grobler explores the ramifications of insufficient preparation and errors during the disciplinary process. From potential CCMA interventions to the intricate nuances of arbitration, Grobler lays out the pitfalls employers must navigate to avoid detrimental outcomes. Learn why meticulous preparation and adherence to fair procedures are paramount to sidestep costly disputes and maintain workplace harmony.

This article offers a pragmatic approach to handling workplace conflict, by recognising warning signs, taking timely action, and fostering open communication and active listening, this guide equips managers and employees with strategies for resolving conflicts constructively.

The holiday season has passed, and the new year now stretches before us with its promise of fresh starts and ambitious goals. However, for many employers, January can also be a time of challenges. Employees may be returning to work lacking enthusiasm, and the pressure to hit ambitious growth targets can feel overwhelming, therefore making it difficult for the business to hit the ground running.