Conciliation and Arbitration Skills

This 4 day workshop will give delegates an understanding of the dispute system in the Labour Relations Act, enable them to gain an overview of dispute resolution, and the use of conciliation and arbitration and give them the necessary skills to conduct a conciliation and arbitration effectively.

All our trainers/facilitators are qualified attorneys or senior labour law practitioners and most are arbitrators/mediators or commissioners with the CCMA as well as other Bargaining Councils.

LexisNexis holds full HWSETA accreditation, HW591PA0706093


For more information contact:
Linda Muthu
Tel 031 2683503
Email: linda.muthu@lexisnexis.co.za

 

1. Introduction

2. Overview of dispute resolution

The different methods of dispute resolution
Dispute system in the Labour Relations Act

3. Introduction to conciliation and arbitration

What is conciliation and arbitration?
Difference between conciliation and arbitration

4. Legislative framework

Different types of disputes
Different forums
Pre-dismissal arbitration: Section 188A
The con-arb process
The labour relations act and ccma rules
Bargaining council procedures

5. The law of evidence

What is evidence?
Forms of evidence
Status of documents
Admissibility of evidence
Relevant and irrelevant evidence
What makes you believe a person is or is not telling the truth?
Alibi evidence
The onus
The best evidence filter

6. Unfair labour practice

What constitutes an unfair labour practice
Elements of a fair promotion

7. Misconduct

The Labour Relations Act
The code of good practice: dismissal
Internal disciplinary codes and procedures
The procedure for disciplinary enquiries
Fair reason
Sanction
Case studies

8. Preparing for conciliation and arbitration

Overview: gathering of facts
Taking statements
Documents
Strategising your case
Choosing the evidence to be presented at the arbitration
Preparing a bundle of documents
Pre-arbitation meetings
The duty to start
Recognising witnesses
Securing attendance of witnesses
In camera evidence
Preparing opening statements

9. The conciliation hearing

Preparing for conciliation
Key skills in conciliation
Settlement agreements

10. The arbitration hearing

Overview of arbitration
Opening statements and narrowing of issues
The nature of an arbitration hearing
Strategies in the examination of a witness
Evidence in chief
Cross examination of witness
Re-examination
Arbitrator’s questions
Closing statements

11. After the hearing

Award
Implementation of award
Errors and clarification
Review of awards

12. Conciliation and arbitration roleplay
Date Venue Price
31 March, 1, 2 and 3 April 2009 Cape Town - Capetonian Hotel R 8764.00 + VAT = R 9990.96 per delegate
5 - 8 May 2009 Durban - Elangeni Hotel R 7887.60 + VAT = R 8991.86 per delegate for 2 or more delegates
5 - 8 May 2009 Johannesburg - Indaba Hotel