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Introduction to Mediation: Short Learning Programme


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Introduction to Mediation (Attedance - based programme on academic level 5) 

Course dates: August 31 - September 30, 2021
Cost: R 9 000
Applications closing date: August 20, 2021
Application requirements: Application forms: erasmusjhp@ufs.ac.za OR admin@ili-sace.org
Mode of delivery: The online delivery of the programme will include interactive online sessions, additional electronic material and recordings of sessions.

Introduction

UFS Faculty of Law and ILI South African Centre for Excellence are pleased to announce that you can now acquire the skills and knowledge to improve your understanding of mediation as an approach to dispute resolution.

This short learning 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 professional environments.

Upon successful completion of the programme, participants will receive a certificate of completion jointly issued by the University of Free State and the ILI-South African Centre for Excellence

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.

CURRICULUM/PROGRAMME
The following topics are covered:
• 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
• 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
• Embedding mediation into the organisational culture, processes and procedures of your institution
• A Pan-African view of Mediation

T: +27 83 443 7741 | E: erasmusjhp@ufs.ac.za OR admin@ili-sace.org

 

 

Course Structure:

1.

 

Why Alternative  Dispute Resolution and an Introduction to Mediation

ILI- SACE

31-Aug

2.

 

The  Role and Function of the  Mediator; Ethics of Mediation; and How Mediators Are Trained

UFS

  02-Sep

3.

Court-Annexed Mediation - The Multi-Door Court House:  South African judge speaking about the successes and challenges in establishing court-annexed mediation

UFS

07-Sep

4.

 

Social Context of Mediation: Mediation in the sports industry ( case study)

ILI-SACE

09-Sep

5.

How to Establish a Mediation Programme in Your Institution,  Advance Institutional Goals through Mediation, and Make Mediation Part of the Institutional Culture

UFS

14-Sep

 

6.

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

 

 

 

16-Sep

7.

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

 

 

 

CD

21-Sep

8.

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

  CD   23-Sep

9.

Mediation of Education Disputes
- The incidence of conflict in primary, secondary and tertiary educational institutions in South Africa;
- Peer-to-peer mediation aka ‘Fuss-busters’;
- Internal mediation panels for workplace or student complaints;
- Mediation between the institution and stakeholders such as parents over matters such as special needs and disability;
- Managing large scale protests and disruption using mediation skills

  CD   28-Sep

10.

A Pan- African view of Mediation

  ILI- SACE & UFS   30-Sep

FACULTY

  1. 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).
  2. 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.
  3. Hennie Erasmus: Hons. B.Soc.Sc: (Industrial Psychology) University of the Free State; Registered Psychometrist: HPCSA; Qualified Commercial Mediator: UCT; Coordinator: Mediation Programmes: UFS
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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).
  9. 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.
  10. 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.
  11. 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).

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