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Introduction to Mediation: Short Learning Programme


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Understanding Mediation:

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.

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. Among topics to be discussed are commercial disputes, labour disputes, the emergence of the "multi-door courthouse" and medico-legal and professional sports disputes.

 

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

 

 

Start Date: August 31st

CLOSING OF APPLICATIONS:  August 10th

 

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. 

 

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



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