Latest Blogs

What I Have Learned About Myself in Mediator Training

27 November 2019

At the end of each Conflict Dynamics mediator training course, we ask participants to reflect on what they have learned about themselves over the five days of training and their responses are always very interesting and, for a trainer, very inspiring.

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Foreign Investment and Dispute Resolution

15 November 2019

The need to attract foreign investment to South Africa is very topical at present and appropriate Investor State Dispute Settlement (ISDS) is one of the keys to attracting that investment.

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Should Judges Mediate?

04 November 2019

The question as to if, when and how Judges should or should not mediate has recently become topical in South Africa and is worthy of careful consideration. Read John Brand's thoughts on the question.

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“You can’t fire me for that!”

25 October 2019

The practical application of Labour Relations at the workplace is ever-changing and evolving. With each case pronounced on by the courts or dispute resolution bodies such as the CCMA, previously well-known and consistently applied principles and practice can change. Line managers and even HR/ER specialists can be forgiven for feeling a little overwhelmed at times when trying to keep up with the basics pertaining to workplace discipline. Join us for a one-day course on 20 November 2019 in Johannesburg during which we will explore potentially challenging areas when preparing for and presenting cases in internal disciplinary enquiries.

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Employment Equity - the big stick is coming and employers can no longer run or hide!

02 September 2019

“Employment Equity – 20 years down the line, a marginal movement to diversity” “Transformation lagging in private sector, minister calls for crackdown on culprits” “BMF creates legal fund to take on companies violating Employment Equity laws” “Big employment equity shake-up as government looks to speed up transformation”

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Language and Conflict

12 August 2019

I recently returned from a wonderful three-week cycling tour in France during which I savoured its cuisine and marvelled at the beauty of its countryside. Although conflict, negotiation and mediation should have been far from my mind, it wasn’t. I kept being reminded about the role of communication and language in dealing with people and conflict.

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Sharpen your Conflict Management skills

31 July 2019

Ensure that you understand conflict and have the tools necessary to manage such situations rather than fuelling them further. Conflict Dynamics’ one-day public workshop - Sharpen your Conflict Management Skills being held on 18th September 2019 - will focus on conflict in the workplace to assist you to understand how interpersonal conflict develops in the workplace and your natural conflict-handling style. You will learn the skills and processes necessary to manage this conflict and prevent or resolve disputes in an effective manner. There will be opportunities to practice processes to prepare for and conduct difficult conversations, and to problem solve in a participative manner.

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Essential Knowledge and Skills for Managing in a Unionised Environment

08 July 2019

When employers are approached by unions in the workplace, they have two basic options – they can resist, or they can co-operate. In the South African context, the political environment and the law make it practically very difficult to resist unions without seriously damaging consequences. Therefore, most employers choose to co-operate with unions in the workplace. However, doing so does involve some difficult challenges that, if they are handled well, can result in co-operation with a union being beneficial to an employer. Learn how to handle these challenges at our one-day workshop on 21 August 2019

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Employment Law Update

01 July 2019

The employment law landscape in South Africa is an ever-changing one. Join us for the forthcoming Employment Law Update to keep up to date on recent decisions in the CCMA and Labour Courts. The Update will be led by lawyers from the Bowmans' employment law department. The next update is being held in Johannesburg on 26th July 2019. To book READ MORE below

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Helping people manage conflict at work

29 May 2019

How often have you been in a situation at work where you feel bullied or harassed? I know I have.

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New courses offered

08 August 2018

We have responded to the needs expressed by our clients for training on the following challenges in organisations today. Contact us for a chat about how we might assist you to manage conflict and prevent disputes in your organisation! Call Craig on +27 11 669 9578 or email him on HERE

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SAAM Conference 2018 - Mediation the Next Decade

10 July 2018

Join SAAM on the 1st and 2nd August for their 2018 conference. The focus of the conference is on key issues in the next decade of mediation.

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News about the International Arbitration Act, No. 15 of 2017

22 January 2018

The recently published South African International Arbitration Act, No. 15 of 2017: International Arbitration Act, 2017 A long-awaited step towards securing investor confidence in South Africa.

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Video discussions about Bargaining Councils

24 August 2017

View our four new videoed conversations between John Brand and Wynand Stapelberg, discussing Bargaining Councils and current trends in collective bargaining.

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Opening address of the Johannesburg GPC Series event by Judge Edwin Cameron, of the Constitutional Court of South Africa

12 July 2017

The opening address to the Johannesburg the Global Pound Conference Series was delivered by Judge Edwin Cameron, of the Constitutional Court of South Africa. Read what he had to say on “Shaping the Future of Dispute Resolution & Improving Access to Justice”.

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Results of Global Pound Conference Johannesburg

11 July 2017

We are delighted to share with you the results of the Johannesburg Global Pound Conference.

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Nelson Mandela the Negotiator - lessons for business

29 May 2017

In a fascinating presentation which traverses Mandela's life from the early 1940's when he arrived in Johannesburg as a young lawyer to his release from an apartheid prison in 1990, John Brand identifies many pertinent lessons in negotiation from Mandela's style of negotiation.

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Conference on dispute resolution in South africa

24 May 2017

Join us at the Johannesburg Global Pound Conference to hear more about what Judges can do by way of judicial activism and case management to enhance access to justice in South Africa. It is not well known, but Brassey AJ in the South Gauteng High Court trial of Brownlee v Brownlee in Johannesburg (case number 2008/25274) has already imposed a costs sanction as a direct consequence of failure to mediate, comparable to what happens in other jurisdictions.

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CPR Model Mediation Procedures

22 March 2017

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Mining Indaba - The Occupational Lung Disease Facilitation process

07 February 2017

John Brand made a fascinating presentation at the Mining Indaba 2017 on the multi-stakeholder faciliation he has been managing concerning occupational lung disease in South Africa.

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Review: Commercial Mediation: A User's Guide by Brand, Steadman & Todd

24 January 2017

We are pleased to share with you a very favourable review of the second edition of our book.

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CEDR Model ADR docuemnts

23 January 2017

CEDR has published a wide range of model documents to facilitate the use of ADR.

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Second edition - Commercial Mediation - a User's Guide

20 October 2016

The second edition of our book, Commercial Mediation a User's Guide, is now available. It includes updated commentary on the Rules for Court-Annexed Mediation.

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Mediation Awareness Week

08 October 2016

Conflict Dynamics is celebrating Mediation Awareness Week in October this year with a number of different events being held around the country.

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Seminars by LEAD and Conflict Dynamics

05 October 2016

The What, How and When of Mediation - seminars on equipping lawyers with a comprehensive understanding of mediation

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Higher education crisis

04 October 2016

We are writing out of deep concern about recent events in our higher education institutions. As mediators, we probably all agree that consensus-based outcomes are the most effective in such multi-party interest-based conflicts. Arriving at such outcomes is generally a tough and challenging process. John Brand spoke on Radio 702 today about some of the considerations in such a process.

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How to better deal with medico-legal disputes

25 May 2016

John Brand made a presentation on 'How to better deal with medico-legal disputes' at the Risky Business Congress 2016 in Cape Town. His presentation is on our website.

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Court Annexed Mediation: Successes, Challenges and Possibilities 20 and 21 July 2016 Conference

19 May 2016

The Mandela Insitute at the Univeristy of the Witwatersrand has arranged a conference to review the Court Annexed Mediation Project in South Africa. Local and international speakers will discuss successes and challenges, and ideas from other jurisdictions on possibilities for the future.

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The potential for mediation in resolving shareholding, directors and commercial disputes

11 March 2016

John Brand recently made a presentation to the Companies Commission on the 'The potential for mediation in resolving shareholding, directors and commercial disputes'. Read more to find the presentation.

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Happy New Year - some ideas for 2016

07 January 2016

Happy New Year everybody! We hope that you have had a good break over the holidays and that you are ready for an active 2016. We have a number of new courses to whet your appetite for skills development this year.

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02 November 2015

We are pleased to be able to offer four different negotiation skills courses, the first of which takes place in February 2016. Take a look at the options below and contact us to book onto the course that meets your needs.

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Commercial Mediation in Africa

28 October 2015

Great CNBC video on commercial mediation in Africa.

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08 October 2015

Conflict Dynamics is celebrating international mediation week with two events on 'How to Encourage the Use of Mediation in the Civil Justice System'. Contact Collen at (011) 669 9503 OR e-mail her on for a booking form.

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Growing ombudsing in higher education in South Africa

27 August 2015

This 4-day course tailored for new ombuds is to be facilitated by the International Ombudsman Association. Being held in Cape Town from the 28 September to the 1 October 2015.

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Thoughts on mandatory mediation and interest arbitration

11 June 2015

Two mediation related articles published in the recently released Tokiso 2015 Dispute Resolution Digest. John Brand and Chris Todd discuss mandatory mediation, and John Brand considers the merits of interest arbitration.

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Mediation Rules of the High Court of Namibia

10 June 2015

The Rules of the High Court of Namibia were amended in January this year to include reference to mediation. The Rules came into effect on the 16th April. They make for interesting reading.

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How to expand your skills and vary your mediation style to effectively mediate workplace disputes

31 March 2015

Felicity Steadman and Sharon Wakeford conducted workshop sessions at the recent SAAM conference on how mediators could expand their skills and vary their mediation style to effectively mediate workplace disputes.

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New work opportunities for mediators

30 March 2015

Felicity Steadman presented a paper at the recent SAAM conference entitled 'Opportunities for accredited mediators to expand their practice into the arena of employment and workplace mediation".

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Mediators offer services to

18 March 2015

Forty-six mediators accredited by Conflict Dynamics have offered their services to

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The Future of Collective Bargaining in South Africa – Time for a different approach?

25 February 2015

John Brand presents to SEIFSA on 'The Future of Collective Bargaining in South Africa – Time for a different approach?'

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Who's Who listing of mediators

21 January 2015

The 7 South African mediators included in Who’s Who Legal’s list of world mediation experts were trained by Conflict Dynamics or have Conflict Dynamics associations.

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05 November 2014

Read more about which Magistrates Courts are participating in the court annexed mediation pilot project, and about mediator fees, standards and norms.

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Interest arbitration

03 October 2014

John Brand's presentation on interest arbitration to the Wits University LLM class - September 2014.

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Risk assessment in commercial mediation

15 September 2014

Read John Brand’s presentation on risk assessment in commercial mediation made to the recent conference of the Family Mediators' Association of the Cape. Why is risk assessment important? Some risk assessment terms.

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Court-annexed mediation - another step closer

05 August 2014

Comments invited on the Minister's proposed mediation accreditation norms and standards.

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CEDR mediation audit 2014 - read about practice in the UK

28 June 2014

The recent CEDR survey results provide an interesting read on the trends in mediation in the UK over the past year. New South African mediators are encouraged to read on.

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Lessons from Marikana and the platinum strike

26 June 2014

In the aftermath of the resolution of the platinum strike John Brand has been asked to talk about lessons learned from the strike and from the conflict at Marikana.

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The Future of Collective Bargaining in South Africa - time for a different approach

25 June 2014

John Brand spoke this week at the Knowledge Resources Industrial Relations Conference on the topic "The Future of Collective Bargaining in South Africa - time for a different approach".

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Medico-legal mediation

23 June 2014

John Brand and Barney Jordaan recently addressed the Bayer Dermatology Weekend Conference in the Western Cape and Gauteng about the opportunity that mediation offers for the effective resolution of medico-legal disputes.

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Building a mediation practice

13 June 2014

Build your mediation practice by finding your niche and becoming enterprising. Let us know if we can assist.

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Court annexed mediation

12 May 2014

The Department of Justice and Constitutional Development has announced that court-annexed Mediation will be implemented in certain selected courts across the country, from 1 August 2014.

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Medical negligence claims and the value of mediation

16 April 2014

Experts say that South Africa is facing a medical negligence crisis. What can we do to ameliorate this crisis, and resolve the attendant conflicts? Have the human and material costs of medical malpractice spiraled out of control? How do we deal with and respond to misdiagnoses, the supply of wrong medication, leaving surgical swabs or instruments in patients during surgery, faulty hip replacements, etc.

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Reflections on the new mediation rules and on civil justice

19 March 2014

Two great articles to read: one a discussion of the new mediation rules, and the other on efficiency in the civil justice system and the place of mediation.

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Breaking news - court annexed mediation rules - gazetted

18 March 2014

The Rules Board has finalised the mediation rules. For a copy of the relevant gazette flow the link below.

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Call for papers on ADR and Peace Studies in Africa - Lessons, Prospects and Challenges

26 February 2014

The African Centre for the Constructive Resolution of Disputes (ACCORD), South Africa, and the Center for African Peace and Conflict Resolution at California State University, Sacramento, call for papers for the Fourth International Africa Peace and Conflict Resolution Conference to take place on 25–26 July 2014 in Johannesburg.

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2014 dates for Employment Law Update

25 February 2014

The dates for the 2014 ELU seminars have been announced: 28th March 2014, 25th July 2014 and 21st November 2014.

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Violence and rivalry in collective bargaining in South Africa

20 February 2014

John Brand presented a paper at the 2014 FEDUSA Conference on the problem of violence and collective bargaining in South Africa. Against the backdrop of violent inter-union rivalry...

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South African Institute of International Affairs 2014 Mining Indaba

04 February 2014

John Brand presented a paper entitled 'Resolving labour tensions in African mining – the effective regulation of industrial democracy' at the 2014 SAIIA African mining indaba.

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Essential Services and the Implications of Minimum Service Agreements in the Public Service

06 November 2013

Strikes, all too often accompanied by violence, are common in essential services in South Africa. John Brand explores the implications of Minimum Service Agreements in dealing with this problem.

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2013 Mediator Survey results

05 November 2013

The results of the 2013 CD/ACDS mediator survey were presented at the mediator meeting held in Johannesburg on the 28th October.

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Blending "classroom" learning with technology for effective skills transfer

19 September 2013

Conflict Dynamics has recently broken new ground by designing a learning programme consisting of a series of e-learning modules followed closely by focused skills development in a face-to-face workshop setting.

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Training Chevron Nigeria

13 August 2013

During August, John Brand spent 3 days in The Gambia in West Africa conducting a negotiation skills workshop for the union and management representatives on the Chevron Nigeria negotiation team.

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South African Law Reform Commission

13 August 2013

John Brand recently attended a meeting of arbitration experts at the South African Law Reform Commission to consider the Draft International Arbitration and Domestic Arbitration Bills.

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Establishment of accrediation standards for a panel of environmental mediators

26 June 2013

Minister calls for comments on discussion document concerning standards for environmental mediators.

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Commercial Mediation ; a user's guide - reviewed

21 May 2013

Our book has received two reviews recently, both very encouraging.

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Comment on draft rules for court-annexed mediation

16 May 2013

John Brand and Felicity Steadman comment on the draft rules for court-annexed mediation in the Magistrates' Courts.

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Calling all commercial lawyers in South Africa - we want your views!

08 May 2013

In the light of the recently published draft mediation rules for court-annexed mediation in Magistrates'Courts, we want to hear your views.

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Draft voluntary court-annexed mediation rules

07 May 2013

The Department of Justice has issued new draft mediation rules for Magistrates Courts. It has invited comment to be submitted before the 22nd May. DiSAC is co-ordinatiing comment on behalf of the mediator provider community.

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Third party roles in the prevention and resolution of company – community conflicts in Africa

30 April 2013

Experienced African facilitators, mediators, and leaders of conflict prevention organizations came together from 21 to 23 February 2013 for an expert roundtable on third party roles in the prevention and resolution of company – community conflicts in Africa. They shared experiences and engaged in reflection with the goal of shaping a development agenda for third parties helping communities, companies and governments resolve differences, increase local benefits of business investment, and meet business needs.

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Finalisation of the mediation rules

11 April 2013

We have heard from Raj Daya of the Rules Board that the mediation rules are have been finalised and that they are now being considered by the Chief Justice and the heads of Courts.

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Felicity Steadman joins Court of Appeal panel of mediators

06 March 2013

Felicity Steadman has been appointed by CEDR as a mediator in The Court of Appeal in the UK. Mediation in the Court of Appeal applies to all personal injury and contract claims up to the value of £100,000 (£250k from April 2013) for which permission to appeal is sought and obtained (or adjourned).

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Workplace mediation - a strategy for effectively managing conflict in the workplace

21 February 2013

Sharon Wakeford, a workplace and employment mediator, gave a presentation to clients of Bowman Gilfilan entitled “Workplace Mediation: a strategy for effectively managing conflict in the workplace”. Read about it below and see the PowerPoint slides in the Resources section of the website.

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Should teachers have the right to strike

12 February 2013

There has been much in the news this past week on whether teachers should have the right to strike. Read about some of our views..

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Provisional accreditation as a training entity with DiSAC

14 December 2012

The Dispute Settlement Accreditation Council (“DiSAC”) has granted Conflict Dynamics provisional DiSAC accreditation as a training entity for mediator skills training.

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Considerations as structures for collective bargaining come under the spotlight

06 December 2012

There has been much talk recently about the need to review prevailing structures and processes for collective bargaining as disputes have developed in the mining and the farming sectors in recent months.

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The Marikana conflict and how facilitation could assist

06 December 2012

As the Commission of Enquiry into the conflict at Marikana in August this year does its work many are asking what might have been done to prevent the conflict from happening in the first place and from happening in future.

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John Brand and Felicity Steadman win CEDR ADR Trainer award

05 December 2012

John Brand and Felicity Steadman were recognised at the 2012 CEDR Awards for their extensive mediation training work in South Africa with the African Centre for Dispute Resolution at the University of Stellenbosch. In particular, they were the primary instigators of Commercial Mediation Skills Training working through Conflict Dynamics, with over 160 mediators accredited so far under the course.

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Recent presentation to the National Association of Bargaining Councils

27 September 2012

John Brand made a presentation to the National Association of Bargaining Councils about current collective bargaining challenges and solutions. See PowerPoint presentation below.

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Commercial mediator meetings

27 August 2012

Reunion meetings held for recently accredited commercial mediators. PowerPoint presentations available below - Building a Mediation Practice and Results of the 2012 Mediator Survey.

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The Law Society takes the lead in training lawyers on how to assist their clients prepare for and present in mediation

10 January 2012

It is anticipated that the rules for court based mediation will be gazetted in March, and that they will then be piloted in five High Courts, namely S Gauteng HC, N Gauteng HC, Western Cape, KZN and North West.

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Draft Mediation Rules for the High and Magistrate's Courts

01 November 2011

Read about the Draft Mediation Rules for the launch of a pilot project on court based mediation

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The Concept of Conciliation

05 October 2011

Report on recent conciliation course conducted in Zimbabwe by John Brand and the ILO.

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Brand New Course - Two Day Inhouse Workplace Mediator Skills Training!!

10 November 2010

Conflict Dynamics proudly announces a new two day workplace mediator training course

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Become a world class mediator

26 October 2010

Conflict Dynamics, in conjunction with the Africa Center for Dispute Settlement, is conducting a civil and commercial mediation course

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Limit the right to bad faith bargaining and violent strikes

01 September 2010

In the height of the public service strike John Brand writes about limiting the right to bad faith bargaining and violent strikes

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African Centre for Dispute Settlement Newsletter

29 June 2010

The Africa Centre for Dispute Settlement's June 2010 Newsletter focusses on the techncial aspects of mediation and includes a valuable extract from Bernard Meyer's book entitled "Staying with Conflict".

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Accredited Civil and Commercial Mediator Training

09 April 2010

The world is in need of good mediators – and in an increasingly competitive professional environment, this means mediators who are well-trained and accredited.

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Presentation by the Hon Murray Kellam AO

02 March 2010

An illuminating presentation by the Hon Murray Kellam AO on The Role of Lawyers in a Rapidly Changing Dispute Resolution Environment – International Trends in Civil Justice

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Ontario (Liquor Control Board) v Magnotta

09 February 2010

This is an interesting case in which the distinctions between attorney-client privilege, litigation privilege and settlement privilege are explained. It also deals with privilege in mediation.

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Magistrate's Court Ruling

27 January 2010

You may find the attachment very interesting. It is a direction in terms of the Magistrate’s Court Act by the Senior Magistrate of Belville effectively making pre-trial mediation compulsory.

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Is it safe to arbitrate in South Africa?

13 November 2009

John Brand and Emmylou Wewege explore this topic in an article recently published by PLC Dispute Resolution, United Kingdom

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The South African High Court Obliges Lawyers to Recommend Mediation

11 November 2009

On 25th August 2009 the South Gauteng High Court in Johannesburg in the case of Brownlee v Brownlee held that the failure by attorneys to send a matter to mediation

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