Thirty years ago, Felicity Steadman and John Brand established Conflict Dynamics. Here they reflect on the founding and evolution of Conflict Dynamics and it’s development to a leading commercial training and mediation service provider in South Africa.

HISTORICAL CONTEXT AND FOUNDING

Formation of Conflict Dynamics

With the passing of the Labour Relations Act in 1995, there was a need to train the first cohort of Commissioners of the Commission for Conciliation, Mediation and Arbitration (CCMA) as conciliators and arbitrators. John and Felicity had been training Independent Mediation Services of South Afrrica (IMSSA) mediators and arbitrators for some time, and they then took the opportunity to develop their expertise into 20 days of training content for newly appointed CCMA commissioners with IMSSA administering the training. This training covered an introduction to conflict management and dispute resolution, labour law, conciliation, arbitration, and facilitation skills. John had always been focussed on workplace discipline management and arbitration training, and Felicity had a greater interest in consensus-oriented conflict management approaches. Together, they were able to apply their vast knowledge across the full alternate dispute resolution (ADR) spectrum.

John explained how they decided on the company name and the symbol of the winged Combretum seed as the company’s logo - representing multi-faceted African dispute resolution and honouring indigenous mediation traditions, while building on imported Western methodologies.

A New Approach to Training Design

Felicity and John were, at the time, introduced to a highly effective adult learning methodology, which is still used in all of Conflict Dynamics’ training design to this day. The Training for Learning (TfL) methodology emphasises guided self-discovery over the traditional lecturing approach, and includes substantial use of practical scenarios, case studies, group discussion, and role play, based on real practitioner experience. This methodology mirrors mediation practice by treating participants equally, facilitating rather than instructing, and moving people from unconscious incompetence to mutual understanding. 

Conflict Dynamics’ training materials are continuously refined and have evolved dynamically based on real mediation experiences and by emphasising a strong practitioner-focused approach. Vanessa Botha, the Training Manager, who joined the company in 2016, is an accredited TfL designer and trainer and maintains alignment to these design principles in the Human Resource and Employment Relations focussed training delivered by Conflict Dynamics.

IMSSA Roots and Influence

John and Felicity cut their dispute resolution teeth in IMSSA and credit it for pioneering quick, inexpensive, legitimate dispute resolution as an alternative to the apartheid-era Industrial Court, which was distant, complex, expensive, and lacked legitimacy. IMSSA also established revolutionary standards in that arbitrators and mediators were chosen by parties, they were trained to confine hearings to a one-day process without lawyers or pleadings, awards were delivered within two weeks, and cases were generally presented by union organisers and HR managers rather than by lawyers. IMSSA also introduced mediation for interest-based disputes, such as those dealing with recognition, wages and conditions of employment. In addition, IMSSA helped build a strong community mediation expertise.

The organisation was based on non-racial, non-sexist and democratic principles. Many post-apartheid judges and leaders were trained by IMSSA, including those now driving Rule 41A mandatory mediation.

Evolution to Commercial Mediation

Until 2003, Conflict Dynamics focussed its efforts on dealing with labour and employment disputes and/or conflicts through training and facilitation processes, including the Relationships by Objectives (RBO) process. This shifted when Felicity moved to the UK in 2003 and started engaging with the Centre for Effective Dispute Resolution (CEDR). She became aware that South Africa was lagging 10 to15 years behind in commercial and court-aligned mediation despite leading in labour mediation. She established a partnership with CEDR that introduced international standards for mediation training, coaching and assessment, as well as advocating for commercial and civil mediation in the justice system. There was then also a recognition of the fact that growing high-quality mediators required ongoing development beyond initial coursework, and the Conflict Dynamics Mediator Professional Development (MPD) programme was born.

Since 2010, Conflict Dynamics has localised and enhanced Commercial Mediator training and consistently run 4 or 5 courses with 18 participants annually. These courses each take place over an intensive 5-day period of teaching, coaching and assessment.

Becoming Internationally Recognised

John and Felicity’s contribution to building mediator training was recognised in 2012 when they received the prestigious CEDR ADR Trainers’ Award. Receiving accreditation as a Certified Mediation Training Programme by the International Mediation Institute (IMI) has further strengthened Conflict Dynamics’ international recognition

Over the years, John and Felicity established excellent working relations with, amongst others, the International Labour Organisation (ILO), United Nations and World Bank. Conflict Dynamics’ trainers are still highly sought after by these organisations for their ability to manage diversity and work effectively with different cultures in a learning environment. Our training approach emphasises cultural adaptability and inclusiveness.

South African practitioners are recognised for their ability to engage across extreme cultural and class differences; a skill forged during the apartheid years and the transition period which followed.

Establishment of Mediation Panel and Resources

In 2017 a formal panel of mediators was established by Conflict Dynamics, thus giving trained, accredited mediators a platform to offer their services to the market. This panel has grown exponentially and now boasts 130 mediators with a vast range of subject matter expertise and mediation skills. The introduction of Rule 41A and the Gauteng High Court Mediation Directive means that mediators now have a ready source of work. Conflict Dynamics currently processes more than 100 requests for mediation a month, and that number is rapidly increasing.

Through the strategic imperative to advocate for appropriate dispute resolution in different sectors and to build a cache of knowledge to grow the field, John and Felicity wrote Labour Dispute Resolution (1997), co-authored with Casper Lotter, Karl Mackie, and in the second edition, Tembeka Ngcukaitobi. They also wrote Commercial Mediation: A User's Guide with Chris Todd, which is currently being updated. The Conflict Dynamics website Resources section contains extensive writings on negotiation, mediation, and dispute resolution. Ongoing internal publications document evolving practices and the high calibre work of Conflict Dynamics’ trainers, mediators and facilitators.

LEGACY AND FUTURE OUTLOOK

Training Impact

Approximately 1 300 South African commercial and civil mediators have been trained and accredited by Conflict Dynamics over the past 19 years. There are many labour mediators who were trained by Felicity and John in IMSSA and the CCMA’s early years. After 30 years it is incredibly satisfying to consider the thousands of training participants who have acquired skills in effective conflict management and dispute resolution, not only as mediators and facilitators, but also in the fields of Employment Relations and Human Resource Management.

These are not only critical professional skills but also invaluable life skills.

Cultural Contribution

It has always been the goal of Conflict Dynamics to contribute to stabilising our divided society and build consensus. Its contribution has been achieved by training people in negotiation, conflict management, and dispute resolution skills, and facilitating processes in workplaces and organisations that promote dialogue and consensus-building. This is ‘the South African way’. It is rewarding to see Conflict Dynamics’ practitioners visible in NGOs, peace processes, the courts, government structures, companies, universities and schools, driving effective conflict management and dispute resolution.

Empowerment Trust

The Conflict Dynamics Empowerment Trust, chaired by Felicity, is currently working closely with a number of schools to train peer mediators. This is an example of the Trust’s commitment to empower and train black women and youth in conflict management and dispute resolution, and to promote conflict resolution, reconciliation, mutual respect, and tolerance.

Satisfaction and Pride

Felicity and John have expressed deep satisfaction that 30 years have led not only to a thriving business, but to a meaningful legacy of skills development and mediation that promote dialogue and constructive engagement in South Africa. They acknowledge that it has been a privilege to live through South Africa's period of great conflict and transition, and to work with deeply engaged colleagues and contributors.