The Conciliation and Arbitration Processes

Preparing and representing at the CCMA

Duration: One / Three days

The programme is aimed at training the participants to use a range of skills, tools and techniques to represent the employer during the processes of Conciliation and Arbitration at the CCMA. Participants will understand the legal background to conciliation & arbitration. Skills are transferred in terms of assessing your case and the risk attached, as well as the process of negotiating a settlement. During the Arbitration training emphasis is put on the law of evidence and preparation for the arbitration. Participants should furthermore gain the skills (i.e. leading evidence and cross-examination) to effectively represent the company during arbitration. Practical examples, case law and role plays are used throughout. The conciliation and arbitration programmes can be presented together as one programme or as two separate independent programmes. The sections in the two respective modules are:

Conciliation

Duration: One day

  • Section 1: Labour conciliation in the South African context
  • Section 2: Referral of disputes to conciliation
  • Section 3: Jurisdiction of the CCMA to conciliate a matter
  • Section 4: The conciliation process
  • Section 5: Assessing your Case
  • Section 6: Assessing your Risk
  • Section 7: Negotiating a settlement

Arbitration

Duration: Two days

  • Section 1: What is Arbitration?
  • Section 2: Preliminary Issues before a Matter can be Arbitrated
  • Section 3: Evidence
  • Section 4: Preparing your Evidence
  • Section 5: Presenting your Case
  • Section 6: Rescission and Review of Awards

Training Dates