Mediation

Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time.

— Abraham Lincoln

Workplace mediation and facilitation services

Our workplace mediation service is specially designed to cater for the full spectrum of workplace mediation disputes as is currently envisaged under SA labour legislation. We have great depth of experience and knowledge in the team and are able to offer a variety of mediation/facilitation interventions dependent on the specific requirements of each workplace circumstance. We provide expert mediation and facilitation services in the following areas:

Disputes requiring mediation in terms of any private agreement between parties.

Any disputes of interest, such as wage deadlocks arising from collective bargaining

Facilitation of stakeholder consultations over workplace employee policy and procedure agreements

Chairing and facilitating of stakeholder collective bargaining engagements on industry and public sector forums and structures

Facilitating policy and relationship outcomes in respect of alleged discrimination, harassment, bullying and victimisation in the workplace

Facilitating internal consultations over any workplace grievances

Facilitation of multi-party dialogues aimed at restoring trust and cooperation amongst the parties at the workplace. Relationships by Objectives (RBO)

Facilitation of confidential negotiations between the parties, aimed at bringing about final agreement and settlement by way of a Memorandum of Agreement (MoU)

Civil Matters

We also offer tailor-made mediation services in the following principal areas of civil mediation:

Employment Law disputes in the Labour Court
Commercial Law disputes
Public Sector disputes
Family Law disputes
Community Schemes

Panel of expert mediators

Many of our workplace mediators are practicing and accomplished attorneys who have simultaneously built for themselves an impressive reputation for being leading experts in the field of mediating non-litigious outcomes and settlement of workplace disputes.

The mediator’s role is to help the parties see that their interests are better served by a collaborative approach than by an adversarial one.

— Robert A. Baruch Bush

IR Change Mediation Panel

William Thomson

BSocSc (UCT) BProc (SA) LLB (SA) LLM (Commercial Law) (UCT)

William is a practicing attorney and an accredited Commercial and High Court Rule 41A Civil Mediator. He is a former Director of the Independent Mediation Service of South Africa (IMSSA), a current Part-Time Senior Commissioner with the Commission for Conciliation Mediation and Arbitration (CCMA) and a Panellist with Public and Private Sector Bargaining Councils and Accredited Private Agencies. William teaches courses on Negotiation, Mediation, Collective Bargaining and Labour Dispute Resolution at a number of South African Universities, and he facilitates training and other processes for the International Labour Organisation (ILO). William is a UCT Graduate School of Business and internationally accredited Coach and he is also a research associate in the Faculties of Law at the University of Cape Town and the University of the Western Cape.

Panellist preferences: Mediator, Facilitator, Investigator, Trainer and Arbitrator

Miles Chennells

BCom LLB (Stellenbosch University), PG Diploma in Labour Law (Nelson Mandela University), Commercial and Workplace Mediation Training (UCT)

Miles is a practising attorney and a specialist in employment and labour law. He is an experienced mediator and arbitrator in individual and collective labour law matters. He also conducts various internal hearings and has facilitated a number of employment-related and workplace investigations for corporates. Miles is a part-time commissioner of the Commission for Conciliation, Mediation and Arbitration (CCMA). Miles has a special professional interest in sports law and provides a range of related services in this area.

Panellist preferences: Mediator, Facilitator, Arbitrator and Chairperson

Michelle Posemann

BA (Law) (University of Stellenbosch), LLB (University of KwaZulu-Natal), PG Diploma in Maritime Law (University of KwaZulu-Natal)

Michelle Posemann is a highly experienced employment law specialist, accredited mediator, arbitrator and facilitator with more than 25 years’ experience in labour and dispute resolution. Michelle works closely with boards, executives, founders and HR leaders to position mediation as an effective governance and risk-management tool rather than merely a procedural process. Michelle has extensive experience mediating complex labour and executive disputes, including executive and senior management conflict, governance-sensitive dismissals and exits, Employment Equity Act disputes, shareholder-employee conflict, reputationally sensitive workplace allegations and structured early intervention matters aimed at preventing litigation escalation.

Panellist preferences: Mediator, Facilitator, Arbitrator and Investigator

Ratula Beukes

LLB and Master of Laws in Comparative Labour Law from the University of the Western Cape, Diploma in Legal Practice from the University of Cape Town, Admitted legal practitioner of the High Court of South Africa

Ratula Beukes is a labour law researcher and lecturer at CENTROW, University of the Western Cape, with a growing focus on workplace and community mediation as tools for dispute prevention and resolution. She has completed mediation training through the International Labour Organization (ILO) and the International Training Centre of the ILO, focusing on conciliation and labour dispute mediation, as well as community mediation training through the South African Dispute Resolution Association. Her experience spans academia, legal practice, research, advocacy, training and programme management, with a focus on labour rights, social justice and workplace dispute resolution. At CENTROW, she is involved in developing Continuing Education programmes in workplace and community mediation and has a growing interest in the role of early mediation interventions in preventing escalation into formal disputes and litigation.

Panellist preferences: Researcher, Mediator, Facilitator