Dispute Resolution
Choice of appropriate dispute resolution processes. Let us help you select the best process and associate.
Mediation
Mediation is flexible, cost effective, accessible and can be used to resolve any type of dispute. In mediation an expert mediator facilitates the negotiations between parties. Mediation is confidential, the parties control the outcome, the mediator controls the process, there is no prejudice to any rights of the parties and the right of self-determination of the parties is protected.
Collective Bargaining Mediation
Collective Bargaining is a process in which Trade Unions and Employers/organisations negotiation on terms and conditions of employment. Mediators help enhance the quality of the negotiation and assist the parties to unlock disputes.
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Workplace Mediation
Grievances and any workplace conflict can be effectively managed with the assistance of a skilled mediator. Why wait for the CCMA to find an amicable solution? Use mediation to find win/win solutions in the workplace.
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Labour Dispute Mediation
Labour disputes arise as a consequence of unfair labour practices, discrimination, discipline, grievances, dismissals, performance outcomes. An effective mediator can help parties find solutions before resorting to arbitration or court.
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Commercial Mediation
Disputes impact on the operations, reputation, relationship and costs of businesses. Courts and arbitrators cannot provide solutions that make business sense. Mediation allows for a private process in which creative solutions can be found that make good business sense.
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Civil/Court Mediation
Rule 41A of High Court encourages mediation. The failure to mediate may lead to adverse cost orders. The parties may select a mediator of their choice before or during a court process. It is a smart choice. We can help you benefit from Rule 41A mediation processes.
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Environment, Social and Governance Mediation
In the implementation of ESG programs a number of disputes may arise. Skilled mediators are able to assist in creating spaces for people from different backgrounds, views to be heard and understood. In addition, creative and sustainable solutions can be found while maintaining and strengthening the relationships. Mediation is the key to successful ESG programs as it builds rapport, provides for balance between the parties and ensures that there is a process that is effective.
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Mediation for All Seasons
Mediation is a flexible process and can be used in any dispute. Mediation is effective in disputes on medical negligence, between board members, between shareholders, within schools, withing governance structures, and in family matters. It has no boundary and includes both national and international disputes. Gain your voice and control over your dispute by mediating.
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Facilitation
Facilitation is a process that uses a third-party independent to enhance any meeting or negotiation. There are specialised facilitation processes that are uniquely designed for particular needs.
Facilitation of Negotiations
An independent facilitator that is appointed to enhance the quality, efficiency and effectiveness of negotiations. Can be used in any type of negotiation.
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Relationship Building by Objectives
Relationship breakdowns require an inclusive and structured approach to safely identify the underlying issues, preserve the information received and create spaces for joint solutions, objective settings and develop an implementation plan with oversight. This process key representatives attending and takes place over 2 to 3 days, with 2 facilitators and at an external venue. This process is usually used in collective bargaining relationships. However, we have successfully used the process within workplaces, companies, amongst board members, shareholders and the like.
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Facilitation of Strategic Planning
An organisation strategy requires an inclusive process that identifies historical issues, focusses on the future goals of the organisation and puts into place workable plans to achieve the goals over a period of time. Independant facilitators add tremendous value to such processes.
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Facilitation of Meetings
Any meeting will be enhanced with the use of skilled independent facilitators. The Facilitators provide excellent processes and ensures that the people work toward achieving the most value.
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Adjudication
Adjudication is any process that uses an independent third party to make a decision on matters that are in dispute after considering the probability of the evidence.
Arbitration
Private arbitration processes are used to obtain final and binding decisions on any dispute between parties except for matters concerning the capacity and status of parties. In South Africa the Arbitration Act of 1965 applies to domestic arbitration and the International Arbitration Act 15 of 2017 applies. Choose Arbitration instead of the Court where necessary.
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Chairing Enquiries
Internal enquiries, to determine matters such as disciplinary or poor performance and grievances are enhanced with the use of an external independent chairperson.
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Investigations
Independent Investigations
A credible investigation process with an independent and knowledgeable third party builds confidence and credibility in an investigation process. The quality of the investigation process, the findings and recommendations must be sound. Skilled investigators are able to assist with recommendations that are not only legally sound but also takes into consideration the operational and business interests. In addition, experienced investigators seek opportunities where appropriate to find mediated outcomes.
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