Blog and Opinions

Key learnings from practice and training at Conflict Dynamics

10 August 2026

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Felicity Steadman

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John Brand
Felicity Steadman and John Brand reflected in a conversation with Marion Shaer on the founding and evolution of Conflict Dynamics over 30 years, from its origins in IMSSA labour dispute resolution training to becoming South Africa's leading commercial mediation training and panel provider. Conflict Dynamics training is grounded in practice, and all its trainers are practicing mediators or conflict management consultants. In their experience, both designing materials and conducting training courses, these are some of the key learnings they have shared.
Gauteng Mandatory Mediation Challenge: What the Court Decided

24 July 2026

On 23 July 2026, the Gauteng High Court delivered judgment in a challenge to the Judge President’s Directive requiring parties to participate in mediation before a civil matter may be enrolled for trial. The applicants argued that compulsory mediation exceeded the Judge President’s powers and could impede the constitutional right of access to courts. Importantly, they did not challenge mediation itself, but its compulsory nature and use as a precondition for trial enrolment. The Court, however, did not decide whether mandatory mediation is constitutional or lawful. Instead, the application failed because the applicants had not obtained the Chief Justice’s consent before instituting proceedings against the Judge President, as required by section 47(1) of the Superior Courts Act. The Court held that this defect rendered the proceedings a nullity and dismissed the application with costs. The Court nevertheless confirmed that the applicants had standing to challenge the Directive and allowed the Law Society of South Africa to join the proceedings. The key takeaway: the Gauteng mandatory mediation Directive has survived this challenge on procedural grounds, not because the Court endorsed its legality. The important question of whether mediation can lawfully be made a compulsory gateway to trial therefore remains unresolved.
Turning case law into practical action

21 May 2026

Recent Constitutional Court and Labour Court decisions are sending a clear message to employers — but are you getting it right in your workplace? This article explores the practical lessons emerging from recent case law, with a focus on constructive dismissal, ill health and incapacity, consistency in discipline, and fairness in workplace decision-making. Designed for Line Managers, HR practitioners and ER specialists, it translates legal principles into clear, practical guidance to help organisations reduce risk, avoid disputes, and stay on the right side of the law.
30 Years of Conflict Dynamics

30 April 2026

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Felicity Steadman

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John Brand
Conflict Dynamics was founded on 27 April 1996 by John Brand and Felicity Steadman, following their appointment to train the first cohort of CCMA Commissioners. Since then, it has grown into a leading practice in labour dispute resolution, training, and mediation, now managing up to 100 referrals a month. As we mark 30 years, we reflect on the journey, the people, and the learnings that shaped us—and look ahead to what comes next. Read about the journey here.
Practical Lessons for Disciplinary Action

09 March 2026

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Conflict Dynamics Team
When reviewing three recent Labour Court decisions involving the discipline and subsequent dismissal of an employee, one theme stands out more clearly than ever - context matters and can shape the outcome of disciplinary action. In this article which is based on a recent webinar hosted by Conflict Dynamics, Ingrid Lewin unpacks the practical lessons for employers from the cases.
Digital violence in the workplace

10 December 2025

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Conflict Dynamics Team
Adapted from a presentation by Qaqamba Moeletsi, this article explores the rising threat of technology-facilitated violence in the workplace and the critical steps employers must take to address it.