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Civil and Commercial Mediation Training

(8 Day Practical Training) (Interactive Online Course)

 

03 to 07 May 2021 (09:00 - 17:00)

10 to 12 May 2021 (09:00 - 18:00)

 

Click here to register online

 

Click here to download registration forms

 

 

The intensive training will be conducted over a period of 8 (Eight) days.

 

The training will be conducted by The Mediation Institute of South Africa (a subsidiary of SA Labour Guide) and ADR ODR International, a United Kingdom company operating from London.

 

To qualify for accreditation through ADR/ ODR International, delegates will be required to attend and successfully complete all 8 (eight) days.

 

Delegates will be assessed through role plays and a written test.

 

The course will be divided into 2 (two) consecutive parts. The first 5 (Five) days will be conducted by a South African presenter and fulltime mediator Veerash Srikison (Advocate).

 

After successful completion delegates will qualify for the second part pf the course conducted by and a Barrister turned International Accredited Mediator from London.

 

After successfully completing the second part 3 (three) days, delegates will be accredit ed by ADR/ ODR International

 

Part 1: South Africa: 3-7 May 2021

 

Course Content

Part 1 of the course outline will be delivered online within 5 (five) days, including the practical activities and assessments. Each delegate must attend the full 8 (eight) hour day of training online so that they can improve on their skill set each day through the activities.

 

Pre-preparation for the course will be a questionnaire for delegates to complete and submit prior to the commencement of training. This questionnaire addresses each delegates involvement in mediation if any and their understanding of the provisions made in South African legislation of various forms of dispute resolution available to disputants.

 

This five-day programme is devised as an intensive practical skill set course in which delegates must participate fully. Once the theory has been explained delegates will be divided into groups to conduct the daily activity to put the theory into practice. Therefore, attendance is mandatory so as not to cause any disruption in the learning process of oneself and fellow delegates. The learning outcomes and improvement are only achieved through participation and engagement.

 

Delegates are continuously monitored each day on their improvement of their skill set by the facilitators and ad hoc assessors. If a delegate is lacking in a particular skill set, a facilitator will work with them by providing individual feedback and additional activities to work on independently.

 

After continued assessment throughout this programme, each delegate will continue the last 3 days of the program with our affiliate ADR ODR International. Delegates will take their final assessment with ADR ODR International and if successful will be accredited through ADR ODR International as a mediator.

 

Outline of 5 -day Course Content


Session One:

  • Introduction of facilitators and delegates

  • Logistics explained and brief tutorial on the online platform.

  • Course content and expectations explained

 

Activity: One Interesting Fact
Introduction of delegates to each other and feedback

 

  • Introduction to Mediation

  • Define Mediation

  • Approaches to Mediation

 

Session Two:

  • Conflict

  • Define Conflict vs. Dispute

  • Types of Conflict

  • Sources of Conflict

 

Session Three:

  • Mediation Styles

  • Facilitative Mediation

  • Evaluative Mediation

  • Transformative Mediation

 

Activity: Role Play
Debrief and Discussion on Interest Based Mediation

 

Session Four:

  • Separate People from the Problem

  • Different Characteristics of Mediators

  • Understanding Your Own Conflict Resolution Personality

  • People, Problems and their impact:

  • Perception

  • Emotion

  • Communication

 

Activity: Perception and Role Reversal
Debrief and discussion

 

Session Five:

  • Communication Essentials in Mediation

  • Rapport Building

  • Non-verbal Communication

  • Active Listening

  • Asking effective questions

  • Framing and reframing

  • The Power of an Apology

  • Cultural Diversity Addressed

  • Culture and Mediations

  • Organisational Culture

 

Activity: Cross- cultural communication
Debrief and discussion on cultural differences and communication

 

Session Six:

  • Mediation within the South African Context

  • Intentions and Expectations of Rules and Legislation Referring to Mediation

  • Compliance with Forms and Regulations

  • Court-Annexed Mediation

  • Mediation in terms of Rule 41A

 

Activity: Discuss what the delegates understand about mediation in South Africa

 

Session Seven:

  • Preparation Phase

  • Understanding the logistics of conducting a Mediation

  • The Pre-Mediation Contact

  • Agreement to Mediate

 

Activity: Role-play

Debrief and Discussion: Preparation for Mediation

 

Session Eight:

  • Opening Phase of the Mediation

  • Elements of the opening phase

  • Opening Statements from Clients

 

Activity: Delegates to practice their opening and introduction as the Mediator

 

Session Nine:

  • Exploration Phase of the Mediation

  • Differentiating between interests, needs and positions

  • Identifying interests and other underlying causes of conflict

  • Identifying BATNA, WATNA

 

Debrief and Discuss: Value Creation in Mediation

 

Session Ten:

  • Bargaining Phase

  • Timing of offers and concessions

  • ZOPA - Zone of Possible Agreement

  • Communication within the Mediation - team work

  • Searching for solutions - problem solving

 

Activity: Role-play

Discussion - Effective Mediator skills and Bargaining

 

Session Eleven:

  • Deadlock in Negotiations (Impasse)

  • Mediating with Difficult People

  • Handling Power Imbalances

  • Risk analysis of Not Reaching Agreement

 

Activity: Role-play
Discussion - Effective Mediator skills in High Conflict Disputes

 

Session Twelve:

  • Conclusion of the Mediation

  • What next? Follow-Ups

  • Review of Agreements

  • Activity: Role-play

  • Discussion – The mind shift from adversarial to collaborative

 

Session Thirteen:

  • Guidance on Setting Up an In-House Mediation Practice in South Africa

  • Mediating Online – the benefits and challenges.

  • How to Conduct Online Mediations

  • Embracing Collaboration in Dispute Resolution – Bringing the lawyers to the mediation table.

 

Activity: Role-play
Discussion – How to navigate the online platforms when mediating

 

Session Fourteen:

  • Discussion and Feedback

  • Conclusion of training


Evaluation of delegates

Activity: Handover to ADR ODR International for the final 3 days



Part B: United Kingdom: 3-5 May 2020
Training Conducted by ADR ODR International


Top Up Civil/Commercial Mediation Programme

Day 6

09:00

  • Welcome and Introduction

  • ADR and the Modern Mediation Movement

  • Theory of Conflict

  • Mediators’ Code of Conduct

 

10:30 – 10:40: Screen and Health Break


10:40 – 11:40 Summary of the 5 Stages of Mediation Practice Opening Statements


11:40 – 11:50: Screen and Health Break


11:50 – 13:00: Mediator Skills


13:00 – 13:30: Lunch Break


13:30 – 14:00: Introduction to Online Mediation


14:00 – 14:10: Screen and Health Break


14:10 – 15:00: Communication Skills

ADR Globally

 

15:00 – 15:10: Screen and Health Break


15:10 – 15:50: Psychology of Conflict


15:50 – 16:00: Screen and Health Break


16:00 – 16:50: Negotiation


16:50 – 17:00: Screen and Health Break


17:00 – 17:30Open Discussion - final comments and questions


17:30 – 18:00: 1:1 Coaching (if required*)


18:00: End of the training for the day

 

Day 7


09:00 – 10:45: Key Learning from Day 1 and Open Discussion
Cross Cultural Issues in Mediation


10:45 – 11:00: Screen and Health Break


11:00 – 13:15: Mock assessment role-play 1 (90 mins) with Debrief (45 mins)


13:15 – 14:00: Lunch Break


14:00 – 15:15: Mock assessment role-play 2 (90 mins) with Debrief (45 mins)


15:15 – 15:30: Afternoon break


15:30 – 17:45: Mock assessment role-play 3 (90 mins) with Debrief (45 mins)


17:45 – 18:00: 1:1 Coaching (if required*)


18:00: End of the training for the day

 

Day 8


09:00 – 10:45: Key Learning from Day 2 and Open Discussion


10:45 – 11:00: Screen and Health Break


11:00 – 13:15: Assessment role-play 4 (90 mins) with Debrief (45 mins)


13:15 – 14:00: Lunch Break


14:00 – 15:15: Assessment role-play 5 (90 mins) with Debrief (45 mins)


15:15 – 15:30: Afternoon break


15:30 – 17:45: Assessment role-play 6 (90 mins) with Debrief (45 mins)


17:45 – 18:00: Final comments and reminder of the written assessment.


18:00: End of the training

 

Price:

  • R19 900 (incl. Vat)

  • Price Include accreditation trough ADR ODR International, option to register as a pannellist at The Mediation Institute of South Africa

  • Include South African and United Kingdom Training

 

For further information contact

  • Hanlie or Peraldo at telephone: (012) 661 3208 or (012) 661 1411

Email: or

 

Online Booking

 

Click here to download registration forms

 

 

 

 

 

The Protection of Personal Information


By Jan du Toit, Senior Consultant, SA Labour Guide

 

After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to become compliant in full.

 

The duration of a typical POPI compliance project will differ from one business to another depending on the nature and size of the business, as well as the Personal Information processed by a Responsible Party. Business owners are therefore advised to, without delay, embark on a compliance project to meet the deadline.

 

Even though the Protection of Personal Information Act is welcomed by most, it has been long overdue and will require business owners (“Responsible Parties” in terms of the Act) to process Personal Information according to 8 processing conditions as set out in the Act.

 

The purpose of the Protection of Personal Information Act is in essence found in the title of the Act; to protect the Personal Information of “Data Subjects”. It gives effect to ones right to privacy as enshrined in the Constitution but also provides balance in terms of the right to privacy weighed up against the right to access to information.

 

The Act regulates the manner in which Personal Information must be processed and provides protection and recourse to those whose rights are infringed. Further to this, the Act makes provision for the establishment of an Information Regulator. Advocate, Pansy Tlakula has already been appointed as the Information Regulator a couple of years ago and has done a great deal of work in establishing her office.

 

Before I get into more detail about the eight processing conditions, it is important to note that the Act is “definitions driven”. It is therefore of utmost importance to first highlight some of the definitions found in the Act for readers to better understand the eight processing conditions.

 

The first definition is that of “Personal Information”. Personal Information is widely defined in the Act and includes, but is not limited to, information relating to an identifiable living natural person or a juristic person (“Data Subjects”), such as:

  • Race, gender, sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, believe, culture, language, birth

  • History - education, medical, financial, criminal, employment

  • Identifiers – number, symbols, e-mail address, physical address, telephone numbers, location, online ID or other assignment to a person such as a unique identifier (in example a student or patient number)

  • Biometric information – physical or psychological behavioural characterization, blood type, fingerprints, DNA analysis, retinal scanning, voice recognition

  • Personal opinion views or preferences

  • Correspondence implicitly or explicitly of a private and confidential nature

  • Views or opinions of another individual\

  • The name of the person with other information or the name alone

 

The second definition of importance is that of “processing”. The processing of Personal Information includes but is not limited to any operation/activity or any set of operations, whether automated or not, concerning Personal Information. It includes:

  • Collection / receipt / recording / organizing / collation / storage / updating / modification / retrieval / alteration of Personal Information

  • Dissemination by means of transmission distribution or making available to others.

  • Merging / linking / restricting / degradation / erasure / destruction of Personal Information.

 

A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information.

 

Throughout the entire lifecycle of Personal Information in any business, eight processing conditions must be adhered to. The eight processing conditions are summarized below:

 

Condition 1 – Accountability. The Responsible Party must always ensure that the conditions set out in Chapter 3 of the Act and all the associated measures are complied with.

 

Condition 2 – Personal Information must be collected and processed lawfully in a reasonable manner that does not infringe the privacy of a Data Subject. The Personal Information may only be processed if it is adequate, relevant, and not excessive.
Personal Information may only be processed if the Data Subject consented thereto. Alternatively, where it is necessary to do so for the conclusion or performance of a contract, an obligation in terms of law, to protect the legitimate interest of the Data Subject, or to pursue a legitimate interest of the Responsible Party.

 

A further requirement is that the Personal Information must be collected directly from the Data Subject.

 

Condition 3 requires that Personal Information must be collected for a specific explicitly defined and lawful purpose related to a function or activity of the Responsible Party. Such Personal Information may not be retained any longer than necessary for achieving the purposes for which the information was collected and/or subsequently processed.

 

Condition 4 prohibits the further processing of Personal Information unless such processing is compatible with the initial purpose of collecting the information.

 

Condition 5 requires that Responsible Parties must take reasonable, practicable steps to ensure that Personal Information is complete, accurate, and not misleading. Such Personal Information must also be kept up to date, taking into consideration the purpose of the Personal Information.

 

The nature and purpose of the Personal Information will dictate as to how often such Personal Information must be updated.

 

Condition 6 addresses some of the rights of Data Subjects, such as the right to be informed by the Responsible Party before information is collected. The purpose of collecting and from where Personal Information will be collected must be disclosed to the Data Subject.

 

A Data Subject is entitled to the details of the Responsible Party and to be made aware of the consequences of not making Personal Information available to the Responsible Party.

 

Should it be required that Personal Information be collected and processed in terms of legislation, the Data Subject must be made aware accordingly.

 

As per Section 72 of the Act, the Data Subject must be advised if Personal Information will be transferred across the borders of South Africa. Under such circumstances the Data Subject is entitled to first be made aware of legislation in other countries that provides adequate protection of the Personal Information. In the absence of legislation, whether there are any binding corporate rules in place, alternatively a written agreement that offers adequate protection for the Data Subject, concluded between the Responsible Party and he third party.

 

Condition 7 requires that Responsible Parties must secure the integrity and confidentiality of Personal Information by taking appropriate reasonable, technical and organisational measures, to prevent loss or unlawful access of Personal Information under the control of a Responsible Party.

 

In this regard the Responsible Party is required to identify all reasonable and foreseeable internal and external risks, and to establish and maintain appropriate safeguards. Compliance with such safeguards must be regularly audited and measures updated if so required.

 

Condition 8 deals with the rights of Data Subjects and participation. In terms of condition 8, Data Subjects have the right to establish whether Personal Information is held by a Responsible Party and to have it corrected or destroyed if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or have been obtained unlawfully.

 

Responsible Parties are also further required to introduce Data Subject rights and participation in their PAIA (Promotion of Access to Information Act) manuals.

 

Responsible Parties are also not permitted to send direct marketing material to Data Subjects without their written consent as per from 4 four of the regulations of the Act.

 

Other important considerations in terms of the Act are that a Responsible Party may be issued with an administrative fine of up to R10 million for its non-compliance with the Act. Additionally, Data Subjects have the right to sue Responsible Parties and under specific circumstances, the Information Officer of the Responsible Party may be imprisoned.

 

Each Responsible Party must register an Information Officer (the head of the organization or a person acting in such capacity) with the Information Regulator. The Information Officer may appoint deputies to assist with ensuring compliance within the business.

 

From the above, it is evident that a POPIA compliance project is not something that should be undertaken without a solid understanding of the Act.

 

Our subscribers, a.k.a. “Responsible Parties”, are invited to attend our online POPIA presentations to better understand the Act and to ensure compliance. In-house training can also be arranged on request.

 

The author of this article is also available to assist employers with compliance projects in the form of awareness sessions, gap analysis, policy development / implementation and staff awareness.

 

For further information pertaining to training, readers are invited to visit www.labourguide.co.za or to contact Jan du Toit at .

 

 

 

 

 

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