Thoughts on mandatory mediation and interest arbitration

11 June 2015

John Brand

John Brand is a lawyer, retired consultant and ADR specialist at Bowmans in South Africa, mediator, trainer, and retired director and shareholder of Conflict Dynamics. He serves on the ADR Advisory Committee of the South African Law Reform Commission. John is an IMI Certified Mediator and a member of IMI’s Independent Standards Commission and a CEDR-accredited mediator. He has specialised in dispute resolution and the training of negotiators, mediators, and arbitrators, has written extensively in journals and other publications, and co-authored “Commercial Mediation – a User’s Guide” and “Labour Dispute Resolution” both published by Juta. Over the past 30 years, he has arbitrated and mediated many large commercial and employment disputes and he regularly facilitated negotiation, strategic planning, and transformation processes. He was a member of the team of international experts appointed by the International Labour Organisation (ILO) to design mediation training for developing countries and he regularly trained mediators from countries in Africa, Asia, Eastern Europe, and South America. The ILO also commissioned John to design training material and to train parties and trainers from countries across the world in mutual gain negotiation. This training material has been translated into French, Portuguese, and Arabic and is used extensively throughout the world.


Chris Todd

Partner, Bowmans

John Brand and Chris Todd reflect on recent initiatives to promote mediation in South Africa, and respond to concerns that compulsory or ‘mandatory’ mediation in the civil justice system is (or may be) unconstitutional because it violates the right of access to courts. CLICK HERE for paper.

John Brand explores whether interest arbitration might be a process that could help parties avoid unnecessary strikes and the losses associated with them.