What Lawyers need to know about Mediation and Rule 41A
02 October 2024
Lawyers are generally the 'gatekeepers' of civil and commercial mediation. Their clients rely on them for advice on the range of dispute resolution options available to them, so lawyers need to have the answers at their fingertips. Listen to Chris Todd, Tefo Raditapole, Leigh de Souza-Spagnoletti and Patrick Deale discuss the use of, and merits of mediation.
The Professionalisation of Mediation - Mediator Meeting - 26 June 2024
08 July 2024
This meeting revisited the rationale, presented the progress made and outlined the implications for mediators of professionalising the sector going forward. We also get insight into the Law Reform Commission’s initiative to draft a Mediation Act to regulate the industry and a view from the Johannesburg High Court where Rule 41A is being implemented. Hendrik Kotze, who was pivotal in establishing the voluntary professional body, DiSAC addresses the professionaliastion topics. Roland Sutherland, gave insights from the side of the bench on the role of mediation there, how Rule 41A is progressing and what the challenges are.
Siham Boda and Felicity Steadman talk with Emma van den Berg
11 June 2024
Siham Boda and Felicity Steadman talk with Emma van den Berg, a school-based psychologist specialising in working with adolescents. They explore different types of conflicts that arise in schools and discuss effective strategies for managing them.
Conflict Dynamics wishes you Happy Holidays
07 December 2023
From all of us at Conflict Dynamics to all our clients, partners, and supporters: HAPPY HOLIDAYS!
(Re)Energise Webinar Nov 2023
06 November 2023
Dealing with our own emotional responses and the responses of parties to their conflict situations is an exhausting aspect of the work that conflict managers and dispute resolvers do. This will sap your energy and may drain your resilience, leaving you less able to be engaged and creative for the next mediation, facilitation, or inquiry. Joni Peddie, behavioural strategist says, “After handling difficult situations … we never bounce back! In fact, in a rapidly changing world, we need to learn to BOUNCE FORWARD™ mentally, physically, and with emotional agility.”
Unveiling Some of the Key Mistakes Made in Negotiation
18 September 2023
Siham Boda speaks with Barney Jordaan and Derek Pead about some of the key mistakes made in negotiation.
Well-being in the workplace webinar
17 February 2023
Marion Shaer speaks with experts on well-being considerations in the South African workplace.
Investor-State Mediation Opportunities in Africa
30 November 2022
Felicity Steadman of Conflict Dynamics, Chris Todd of Bowmans, South Africa, and James South of CEDR speak talk with guests from Africa and elsewhere about investor-state dispute settlement and opportunities for mediation in Africa. Wilbert Kapinga of Bowmans Tanzania ; Clement Mkiva of Bowmans South Africa ; Edward Poulton of Baker McKenzie UK ; Funmi Roberts of Funmi Roberts and Associates Nigeria
Cultural considerations when mediating - A WEBINAR
19 October 2022
What are the cultural considerations we might encounter as a mediator? - different ways of greeting parties and shaking their hands - should women be at the negotiation table? - may I look into the eyes of an older person or is it disrespectful? - a mediator is an authority figure - bargaining must be a drawn-out haggling process How do we manage these considerations and not let our own biases, including attribution and confirmation biases, undermine our role as impartial neutral third parties? Watch Felicity Steadman in conversation with: - Lazarus Phetla - Nomonde Keswa - Hendrik Kotze - James Mangerere
Collective Bargaining in 2022 The Journey so far
18 September 2022
Felicity Steadman, Director of Conflict Dynamics, talks with a panel of Labour Relations specialists about the state of collective bargaining in South Africa so far this year, and asks them for their advice on how to handle the challenges. Speakers included: - Tony Healy - Labour Law Consultant - Mahamed Rajah - Accredited Commercial Mediator, Coach and Assessor, Part-Time Senior CCMA Commissioner, Bargaining Council & Conflict Dynamics Panellist - William Thomson - Accredited Mediator & Coach, Part-Time Senior CCMA Commissioner, Bargaining Council, Private Agencies & Conflict Dynamics Panellist, Practicing Attorney
Women in ADR - a webinar in celebration of Women's month
19 August 2022
Marion Shaer, Director of Conflict Dynamics, and a seasoned mediator talks with the a panel of CD Direct mediators about their experiences of being women in ADR. Is being a woman in mediation an advantage, a disadvantage or does it mean anything at all? Our mediators share their stories and offer tips and advice on how to respond to biases, gaslighting, mansplaining, insults as well as opportunities.
Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace
19 June 2022
Dr Annelie Gildenhuys, a Commissioner for the Commission for Employment Equity, discusses the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace with Vanessa Botha of Conflict Dynamics.
Achieving more Effective Outcomes in Collective Bargaining in 2022
16 May 2022
A discussion on how parties to the employment relationship free themselves of the collective bargaining 'rut' that they seem to find themselves in each year?
The South African Collective Bargaining Rut
22 April 2022
Mthimkulu Mayisha, General Secretary of the Transnet Bargaining Council, talks with Vanessa Botha about his perspectives on collective bargaining in 2022 and offers ideas for resolving protracted wage disputes, as well as the use of training and facilitation to prevent disputes.
A Conversation about Conflict Management in Schools
01 March 2022
The Conflict Dynamics Peacemaker project works to increase the conflict competence of teachers and students. In this video Felicity Steadman, Director of Conflict Dynamics, discusses various school-based conflict management initiates currently under way in South Africa and in the UK.
Managing Discipline, Performance and Disciplinary Enquiries Online
14 February 2022
Watch Vanessa Botha, Training Manager at Conflict Dynamics, talking about the questions that many managers have in regard to managing employee discipline and performance online.
The RBO process
19 November 2021
Felicity Steadman, Mark Anstey, Attwell Mogagodi, and Meshack Ravuku discuss the relationships-by-objective process.
Cooperation and collaboration in the workplace
25 October 2021
Industrial relations experts discuss the question of whether cooperation and collaboration in the workplace through initiatives such as workplace forums are pie in the sky or the only way forward for the wounded South African economy.
Buang Jones of the SAHRC on mediation
31 August 2021
Buang Jones, the Provincial Manager of the Gauteng office of the SAHRC, talks about why he trained as a mediator and how he uses his mediation skills in his mission to fulfil the mandate of the SAHRC.
Collective Bargaining 2021 : the context
20 May 2021
Mthimkulu Mashiya, William Thomson, Clive Thompson discuss the context of this year's collective bargaining as a start for your preparation.
Rule 41A webinar - 18 March 2021
18 March 2021
High Court Rule 41A came into effect on 9 March 2020. The Rule formally introduces mediation as a pre-litigation step. It does not mandate the parties to mediate but it does require the claimant and defendant and their representatives, and the mediator to comply with various actions. This webinar provides an opportunity for representatives, litigants and mediators to find out about their roles and responsibilities in terms of the Rule.
Why I trained as mediator
08 March 2021
Karen Botha is one of the many commercial mediators' Conflict Dynamics has accredited since 2007. Click on the video link to hear her talk about why she decided to do the course and what she learnt. Karen also relates how she has been able to use the skills in her work as a lawyer.
The closing moments of the 37 years of the Employment Law Update.
13 November 2020
The Employment Law Update, arranged jointly by Conflict Dynamics and Bowmans, ended in November 2020 after 37 years. The Update, formally known as the Labour Law Update was started by the Institute for Industrial Relations in 1983 at a time when labour laws were being liberalised and the field of industrial relations was being established. Bowmans will offer the Update in a new format from 2021.
Meet the Mediator - Funmi Roberts - and hear about the Nigerian Multi door Courthouse system.
27 October 2020
Funmi Roberts, a CEDR accredited mediator and Founder and Principal Partner of Funmi Roberts & Co. law firm in Nigeria, speaks about her extensive experience as a commercial mediator and about the multi-door courthouse system in Nigeria.
My Experience of Online Learning
27 May 2020
We hear a lot about the advantages of online learning in the higher educational setting during the current COVID-19 pandemic, but there are also ways in which online learning can be used for training and development in business and similar organizations. I recently attended the Conflict Dynamics mediator skills training online.
Mediation and the Road Accident Fund
30 April 2020
Marion Shaer discusses mediation in the context of the RAF with Leigh de Souza-Spagnoletti, accredited mediator and experienced plaintiff attorney, and Joshila Desai, an attorney with experience working in the RAF.
What does Rule 41A mean for Lawyers in South Africa
28 April 2020
High Court Rule 41A, which came into operation on 9th March and which requires parties to consider mediation before proceeding with litigation in the High Court, is good news for lawyers. It gives them the opportunity to become mediators themselves, to represent their clients in a new forum as mediation advocates, and to give advice on a range of issues that their clients will need help with when they engage in mediation. This is a recording of a webinar in which Felicity Steadman discusses with Chris Todd, PJ Veldhuizen and Hendrik Kotze what Rule 41A means for lawyers in South Africa.
#WFH in South Africa
26 April 2020
With the global outbreak and spread of coronavirus, our lives have been changed in many ways. Like many other countries, South Africa is getting used to working in conditions of lockdown. Many businesses have had to adapt overnight, making rapid advancements in their use of technology to enable their employees to work remotely.
What does Rule 41A mean for mediation in South Africa?
23 April 2020
On 9th March 2020 South Africa took its first tentative step into the world of High Court aligned civil mediation. On that day Rule 41A, an amendment to the rules regulating the conduct of proceedings in the High Courts of South Africa came into operation. This is a recording of a webinar in which John Brand and Felicity Steadman discuss what Rule 41A means for mediation in South Africa.
Medical Malpractice Mediation - the experience of two top UK-based mediators
21 April 2020
This is a recording of a webinar with experienced British clinical negligence mediators, Heather Allen and Tony Allen. They provide insight into the types of medical negligence cases currently being mediated in the NHS in England and also respond to any questions raised by participants.
Guidance and support for dealing with conflict at home and in your virtual workplace in these most challenging of times
18 April 2020
This video was recorded during Angela du Plessis's webinar presentation on the 16th April 2020. In it she provides guidance and support for dealing with conflict at home and in our virtual workplaces in these times of COVID-19.
Bowman Gillfillan - SABC3 - The World Today
25 June 2019
John Brand talks about new trends emerging from dispute resolution
SA’s Labour Relations Act needs radical reform - John Brand
23 June 2019
Bowman Gilfillan director John Brand tells Mining Weekly Online’s Martin Creamer that South Africa needs a new Wiehahn-type commission to overhaul the Labour Relations Act radically. Cameraperson: Nicholas Boyd. Video Editor: Shane Williams
Keep Calm and Sort it Out
08 February 2019
Marion Shaer, Conflict Dynamics Director, discusses on ENCA how violence seems to be a common response to conflict in South Africa and raises some challenges for us to consider about how to deal with conflict in more effective ways.
Mining Industry - silicosis class action settlement signing ceremony – 3 May 2018
03 May 2018
The power of collaborative consensus building processes. A careful managed process with an incredible mutual gains outcome.
Silicosis Gold Working Group
03 May 2018
Occupational Lung Disease - Documenting the work of the Gold Working Group - 3 May 2018
Richard Susskind
15 February 2015
The use of technology, including on-line dispute resolution, for the resolution of low value civil claims.
Marikana
21 May 2013
John Brand presents his views on the crisis at Marikana illustrated by dramatic pictures by Greg Marinovich.
How to Present in and Conduct an Arbitration Process - PRODUCED IN 1999
01 July 1999
This video illustrates how to present in and conduct an arbitration process, and gives learners an opportunity to observe best practice. It is available free of charge by clicking on the picture.
What to Expect in Mediation - PRODUCED IN 1999
01 July 1999
This video illustrates what to expect in an employment mediation, and gives learners an opportunity to observe best practice. It is available free of charge by clicking on the picture.
John Brand, Andrew Levy, and Sarah Levy
Authors: John Brand, Andrew Levy and Sarah Levy.
