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Introduction to Mediation

 

 

Full  Day interactive Online Course

 

 

08 September 2022 (09:00 - 16:00) Interactive Online Course

 

 

Online registration -Click here 

Email registration - download booking form for 08 September 2022 Interactive Online Course

 

 

Course Content

 

Module 1:  Dispute Resolution Processes 

  • What is ADR?
  • Mediation vs Conciliation
  • Benefits of Mediation
  • Mediation within the South African Context

 

Module 2: Tenets of Mediation 

  • Voluntary
  • Confidential
  • Fair Process
  • Impartiality
  • Without Prejudice
  • Decision-Making
  • Empowering the Parties

 

Module 3: The Mediator 

  • Mediation Styles
  • Choosing A Mediator
  • Conflict of Interest
  • Role/Function/Duties of the Mediator
  • Expected Skills of the Mediator

 

Module 4: Mediation Process 

  • Stages of the Mediation Process
  • Interest Based Negotiation
  • Individual and Joint Mediation Sessions
  • Online Mediation
  • Agreement to Mediate
  • Mediation Intake and Pre-Mediation Meeting
  • Possible Outcomes of Mediation

 

Module 5: Role of Representatives within Mediation 

  • Why Choose Mediation First?
  • Preparing Parties for the Mediation Process 
  • Assisting Parties to Prepare Opening Statements
  • Being An Effective Negotiation Strategist Remotely

 

 

Purpose of the course: 

This one-day course will provide foundational overview of the mediation process and its key role-players. It will give delegates an understanding of their involvement of the process and how to prepare adequately for a constructive process.

 

This one-day workshop does not qualify anyone attending as a mediator.  This workshop will provide insight into the structured approach the mediation process follows and how to meet expectations so that realistic outcomes are possible for disputants.  It will include interactive activities that place the delegates within the process of a mediation as a mediator and as a disputant.  

 

Upon completion of the course delegates will be able to: 

  • Demonstrate an understanding of the principles of mediation
  • Choose competent mediators
  • Formulate their own checklists for preparation of a mediation process
  • Understand the stages of a flexible mediation process
  • Assist parties to prepare opening statement for mediation
  • Understand the preparation required for negotiation within a mediation
  • Explain the benefits of mediation to parties prior to commencement of other dispute resolution processes

 

This course will be useful for: 

  • Managers
  • Supervisors
  • Business owners
  • HR officers
  • Legal Representatives
  • Aspiring Mediators
  • Trade Union Representatives

 

Price:  

  • Price per delegate: Interactive Online Course R 2440-00 
  • Price includes course material and certificates.

 

 

For further information contact:

 

 

Online registration -Click here 

Email registration - download booking form for 08 September 2022 Interactive Online Course

 

 

 

 

 

 

 

 

 

 

The four-day working week and its impact on South African labour law: Are we ready?

 

If there is one thing we can learn from the COVID-19 pandemic, it is that many employees can work from anywhere and the “normal” 9 to 5 is no longer palatable to the upcoming workforce.

 

2022/07

By Hedda Schensema, Director and Tshepiso Rasetlola, Associate, Employment Law, Cliffe Dekker Hofmeyr

 

Over the past two years, many employers have had to reassess their working arrangement as a result of the pandemic. COVID-19 served as a test run on what the “new normal” has to offer in respect of the employment relationship and some working conditions. This has resulted in many employers successfully implementing a hybrid working arrangement and, in some instances, even requiring their employees to work from home indefinitely.

 

Many employers have indicated that they have experienced an increase in productivity and less stressed employees. On the flip side, however, employees have been unable to shut down and find themselves working round the clock and over and above their normal working hours. Considering the above, does this mean that South Africa is ready for a four-day working week post COVID-19?

Countries like Belgium and the UK have been able to successfully implement a four-day working week. However, given that South Africa is highly regulated in respect of its labour and employment laws, it has been argued that it would not be as seamless or easy an exercise to implement in comparison to these countries.

 

South Africa has numerous bargaining councils and sectorial agreements that regulate basic conditions of employment in the different sectors and include, inter alia, working hours. In order to be able to implement a four-day working week model, these agreements will have to be amended and their terms renegotiated to align with such a model.

 

This means an employer cannot change the terms and conditions of employment as recorded in these agreements without first consulting the relevant stakeholders, which include trade unions, workplace forums and individual employees.

 

This is a process that is consultative and which must result in consensus being reached on all aspects related to the arrangement. A failure to obtain consent prior to implementing the working model may result in a unilateral change in terms and conditions of employment by an employer. This could expose the employer to a referral by its employees in relation to unilateral changes to terms and conditions of employment.

 

In addition to this, the relevant labour and employment laws will have to be amended to cater for the working model from a regulatory point of view. Employers will need to consider their health and safety obligations towards employees in terms of the Occupational Health and Safety Act 85 of 1993, which requires an employer to, among other things, do everything reasonably practicable to protect employees’ health and safety in the workplace. In this regard, an employer’s obligations to ensure the health and safety of its employees extends to where the employee is working outside of the conventionally understood workplace, including a home office.

 

Although a four-day working week model sounds like a brilliant and exciting idea, employers will have to assess their respective sector and industry in order to establish whether it would be practicable or even feasible for its business model. Employers will also have to consider the applicable legislation and agreements regulating their sector and engage in a consultative process with the relevant stakeholders.

 

It is, therefore, perhaps premature to make a concrete finding that the four-day working week model would be possible in a highly regulated country like South Africa. We will therefore have to monitor its progress and assess from an individual employer’s business model as to whether the four-day working week would be appropriate.

 

For more information please contact Hedda Schensema at [email protected] or Tshepiso Rasetlola at [email protected]

 

Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com.

 

 

 

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Upcoming Courses

 

August

Chairing Disciplinary Hearings

18 & 19 August 2022 (09:00 - 16:00)

Emperors Palace: Convention Centre

Hazard Identification & Risk Assessment Course

18 August 2022 (08:30 - 16:00)

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Shop Steward Training

19 August 2022 (09:00 - 16:00)

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How to win an unfair dismissal case at the CCMA / Bargaining Council

25 August 2022 (09:00 - 16:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

26 August 2022 (09:00 - 13:00)

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Compensation for Occupational Injuries and Diseases Course

26 August 2022 (08:30 - 16:00)

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September

Retrenchments Simplified

02 September 2022 (09:00 - 12:00)

Interactive Online Course

Introduction to Mediation New Course

08 September 2022 (09:00 - 16:00)

Interactive Online Course

Basic Labour Relations

09 September 2022 (09:00 - 16:00)

Cape Town: Protea Hotel Tyger Valley

15 September 2022 (09:00 - 16:00)

Interactive Online Course

The OHS Act and the Responsibilities of Management

15 September 2022 (08:30 - 16:00)

Interactive Online Course

16 September 2022 (08:30 – 16:00)

Emperors Palace: Convention Centre 

Negotiation Skills New Course

22 September 2022 (08:30 - 16:00)

Interactive Online Course

Managing Day-to-Day Challenges in the Workplace

29 September 2022 (09:00 - 15:30)

Interactive Online Course

Employment Equity Committee Training

30 September 2022 (09:00 - 16:00)

Interactive Online Course

 

October

Management and Leadership Skills

05, 06 & 07 October 2022 (08:30 - 16:00)

Interactive Online Course

Employment Equity Committee Training

06 October 2022 (09:00 - 16:00)

Emperors Palace: Convention Centre

POPIA Practical Approach Towards Compliance

07 October 2022 (09:00 - 12:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

13 October 2022 (08:30 - 16:00)

Interactive Online Course

20 October 2022 (08:30 - 16:00)

Emperors Palace: Convention Centre

 

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