Introduction to Mediation (Attedance - based programme on academic level 5)
Cost: R 7 000
Application requirements: Application forms: firstname.lastname@example.org OR email@example.com
Mode of delivery: The online delivery of the programme will include interactive online sessions, additional electronic material and recordings of sessions. Students should take part in all five (5) the core units and a choice of two (2) of the elective units.
Mediation is revolutionizing the world of dispute settlement. It is increasingly being looked to as the go-to method for solving disputes in a wide variety of settings: domestic and international business (including labour disputes) universities and schools (including disputes involving students and faculty), health care (including hospitals, clinics and private practice), government agencies and the judicial system.
This online course offered jointly with the University of the Free State, is focused on informing business executives, lawyers, government officials, judges and court administrators, and managers and administrators of educational, healthcare and other institutions on what mediation is, how it works in practice, and how it differs from other dispute settlement processes such as arbitration (including cost effectiveness and general effectiveness). The course will be taught by leading specialists in mediation from practice, academia, and the judiciary.
FOR WHOM? SKILLS ACQUIRED? GOAL OF THE PROGRAMME
Promoting Cooperative and Effective Dispute Resolution. This short learning programme is designed for business executives, lawyers, government officials, judges and court administrators, and managers and administrators of educational, healthcare, and other institutions. This programme is aimed at empowering persons in various spheres of society with the necessary skills and knowledge to understand the value of mediation as a dispute resolution approach within their private lives and in their professional environments. Among topics to be discussed are commercial disputes, labour disputes, the emergence of the & "multi-door courthouse" and medico-legal and professional sports disputes.
The following topics are covered:
|1.||Why Alternative Dispute Resolution and an Introduction to Mediation||ILI-SACE||Judge Ann Claire Williams|
|2.||The Role and Function of the Mediator; and How Mediators Are Trained||UFS||Hennie Erasmus & Drinnette du Randt|
|3.||Ethics of Mediation & Social Context of Mediation||ILI-SACE||Judge James Francis|
|4.||How to Establish a Mediation Programme in Your Institution, Advance Institutional Goals through Mediation, and Make Mediation Part of the Institutional Culture||UFS||Hennie Erasmus & Drinnette du Randt|
|5.||A Pan- African view of Mediation||ILI-SACE & UFS||Justice Kiryabire & Willem Ellis|
|6.||Court-Annexed Mediation - The Multi-Door Court House: South African judge speaking about the successes and challenges in establishing court-annexed mediation||ILI-SACE||Judge Lani Opperman|
|7.||Mediation in the Context of Professional Sports Teams: A Case Study||ILI-SACE||Judge James Francis|
|8.||Mediation of Healthcare Disputes
- A review of the scale of the medico-legal crisis in South Africa, and a discussion of the challenges faced;
- Identifying cases that are suitable for mediation;
- A discussion of the reasons why clinical claims lend themselves to mediation, and what can be achieved in mediation;
- Understanding the typical legal pathway in health care claims and options for mediation at each stage;
- Understanding the key features of medico-legal mediation at each stage of the mediation process:
- Discussion about current pilot projects (RAF and Dept. of Health) and how to access medico-legal mediation in South Africa.
|CD||Leigh de Souza|
|9.||Mediation of Commercial Disputes
- The typical commercial mediation process and what it looks like
- The phases of the process, including the principles embodied in the Agreement to Mediate
- Routes to mediation in South Africa – Magistrates Court and High Court, as well as voluntary mediation
- Disputes suitable for mediation
- The Settlement Agreement, enforcement and how this may be made an order of Court
- Recent trends in commercial mediation South Africa, including costs orders, mediating online
|10.||Mediation of Labour Disputes
-The dispute resolution structures and processes of the Labour Relations Act
- Conciliation of individual and collective disputes
- Conciliation in the CCMA, Bargaining Councils, private agencies accredited by the CCMA
- The definition of ‘conciliation’ and how this relates to ‘mediation’
- The process followed in conciliation
- The responsibilities of the conciliator
- The role of private dispute resolution services in the employment sphere including workplace mediation
- Recent trends and development in provisions of conciliation services by the CCMA
Why Alternative Dispute Resolution?; & An introduction to mediation
The role and function of the mediators; and their training
Ethics of mediation and the social context
Embedding mediation into the organisational culture, processes and procedures of your institution
A Pan-African view of Mediation
Students should take part in all five (5) the core units and a choice of two (2) of the elective units.
Court-Annexed Mediation: The Multi-Door Court House
Mediation in the Context of Professional Sports Teams: A Case Study
Mediation of Commercial and Labour Disputes
Mediation of Health Care Disputes
- Willem Ellis: (B.Proc: University of the Free State; MA (Governance and Political Transformation): University of the Free State; Research Fellow: Centre for Gender and Africa Studies: University of the Free State; Qualified Commercial Mediator: UCT).
- Drinnette du Randt: LL.B: University of the Free State; Admitted Attorney, Notary & Conveyancer, Qualified Family Mediator:IFM; Qualified Commercial Mediator: UCT; Principal at the School for Legal Practice - Bloemfontein: LSSA - LEAD.
- Hennie Erasmus: Hons. B.Soc.Sc: (Industrial Psychology) University of the Free State; Registered Psychometrist: HPCSA; Qualified Commercial Mediator: UCT; Coordinator: Mediation Programmes: UFS
- Judge Mareena (Lani) Opperman: Judge Free State Provincial Division High Court; Founder and executive member of various internationally awarded NGO’s relating to child welfare, anti-human trafficking and domestic violence. Qualified Mediator: UFS.
- Judge Ann Claire Williams: Retired Circuit Judge of the United States Court of Appeals for the Seventh Circuit; currently Of Counsel to the law firm of Jones Day where she leads the firm’s work in helping to advance the rule of law in Africa.
- Judge James C. Francis: Mediator, Arbitrator and Special Master with the U.S.-based JAMS (Judicial Arbitration and Mediation Services); former United States Magistrate Judge for the Southern District of New York.
- Justice Geoffrey Kirayabwire: Ugandan judge and a justice of the Court of Appeal of Uganda. Justice Kirayabwire has extensive experience in mediation across East Africa. He has most recently been appointed as Vice-president of the East African Court.
- Marion Shaer: Director and Lead trainer on the mediator training course of Conflict Dynamics. Alternative dispute resolution practitioner, also at the Independent Mediation Service of South Africa (IMSSA) and a commissioner at the Commission for Conciliation Mediation and Arbitration (CCMA).
- Felicity Steadman: Director and Lead trainer on the mediator training course of Conflict Dynamics. Alternative dispute resolution practitioner, also at the Independent Mediation Service of South Africa (IMSSA) and a commissioner at the Commission for Conciliation Mediation and Arbitration (CCMA). Involved with the Centre for Effective Dispute Resolution (CEDR) in the UK.
- Zetu Makamandela-Mguqulwa: Director at Conflict Dynamics. Ombud at the University of Cape Town, 2011 to 2020. Experienced dispute resolution practitioner. Held fellowships at the Program on Negotiation at Harvard Law School and at the Kettering Foundation in the USA.
- Mahamed Rajah: Coach and Assessor on the Conflict Dynamics Commercial and Court-Referred Mediator Skills Training course at Conflict Dynamics. Also serving at the CCMA. Experienced alternative dispute resolution practitioner. Acts as Judge at the ICC international mediation competition, Paris. Accredited commercial mediator, coach and assessor at the Centre for Effective Dispute Resolution (CEDR).