Conduct A Labour Conciliation Process Training

Objectives:
• Understand the South African labour relations framework and key legislation.
• Define conciliation and distinguish it from other dispute resolution mechanisms.
• Identify the role of the CCMA and bargaining councils in conciliation.
• Recognise the principles of good faith and confidentiality in conciliation.

Topics:
• Overview of the Labour Relations Act (LRA) and relevant amendments.
• The dispute resolution system in South Africa: CCMA, bargaining councils, and private agencies.
• Types of disputes: rights disputes, interest disputes, and unfair dismissals.
• The conciliation process: purpose, principles, and legal framework.
• Key terms: conciliator, commissioner, parties, and representatives.
• Ethics and confidentiality in conciliation.

Objectives:
• Identify jurisdictional requirements for conciliation referrals.
• Understand the timeframes and processes for referring disputes.
• Differentiate between conciliation, mediation, and arbitration.
• Apply the rules of the CCMA and relevant collective agreements.

Topics:
• Jurisdiction of the CCMA and bargaining councils.
• Referral of disputes: forms, time limits, and procedures.
• Conciliation vs. mediation vs. arbitration: key differences.
• The role of the commissioner in determining jurisdiction.
• Collective agreements and their impact on conciliation.
• Practical exercise: completing a referral form.

Objectives:
• Develop a preparation checklist for conciliation sessions.
• Analyse case facts and identify key issues.
• Prepare opening statements and settlement proposals.
• Understand the importance of pre-conference meetings and caucuses.

Topics:
• Gathering and reviewing documentation: pleadings, witness statements, and evidence.
• Identifying interests vs. positions of parties.
• Drafting an opening statement.
• Preparing settlement options and BATNA (Best Alternative to a Negotiated Agreement).
• Pre-conference procedures: venue, seating, and logistics.
• Role-play: preparing for a mock conciliation.

Objectives:
• Apply active listening and questioning techniques.
• Manage emotions and conflict during sessions.
• Use effective communication to build rapport and trust.
• Facilitate joint and private sessions appropriately.

Topics:
• Active listening skills: paraphrasing, summarising, and reflecting.
• Open-ended and closed-ended questioning.
• Non-verbal communication and body language.
• Managing difficult behaviours and emotions.
• Joint sessions vs. caucuses: when and how to use them.
• Practical exercise: communication drills.

Objectives:
• Apply interest-based negotiation principles.
• Generate creative options for mutual gain.
• Use problem-solving frameworks to break impasses.
• Evaluate settlement proposals against legal and practical criteria.

Topics:
• Interest-based vs. positional bargaining.
• Brainstorming techniques for option generation.
• Overcoming impasses: reframing, reality testing, and deferring.
• Evaluating proposals: feasibility, legality, and durability.
• The role of compromise and trade-offs.
• Role-play: negotiating a settlement.

Objectives:
• Draft clear and enforceable settlement agreements.
• Understand the legal requirements for valid agreements.
• Record outcomes accurately, including certificates of non-resolution.
• Ensure compliance with CCMA rules and procedures.

Topics:
• Elements of a settlement agreement: parties, terms, conditions, and signatures.
• Drafting language: clarity, specificity, and enforceability.
• Certificates of outcome: resolved, unresolved, or withdrawn.
• Legal review and approval processes.
• Common pitfalls in drafting agreements.
• Practical exercise: drafting a settlement agreement.

Objectives:
• Handle disputes involving multiple parties and representatives.
• Address power imbalances and representation issues.
• Manage complex legal and factual issues.
• Apply advanced facilitation strategies for group dynamics.

Topics:
• Multi-party conciliation: challenges and strategies.
• Dealing with legal representatives and trade unions.
• Power imbalances: tactics to level the playing field.
• Managing complex evidence and legal arguments.
• Group dynamics: handling coalitions and factions.
• Case study: a complex dispute scenario.

Objectives:
• Identify ethical dilemmas in conciliation.
• Apply the code of conduct for commissioners.
• Maintain impartiality and neutrality.
• Handle conflicts of interest and confidentiality breaches.

Topics:
• Code of conduct for CCMA commissioners.
• Impartiality: avoiding bias and favouritism.
• Confidentiality: limits and exceptions.
• Conflicts of interest: disclosure and recusal.
• Ethical decision-making frameworks.
• Role-play: resolving an ethical dilemma.

Objectives:
• Integrate all skills in a simulated conciliation session.
• Demonstrate competence in conducting a full conciliation process.
• Receive feedback and identify areas for improvement.
• Prepare for the final assessment and certification.

Topics:
• Full mock conciliation: from referral to settlement or certificate.
• Peer and facilitator feedback sessions.
• Review of key concepts and common mistakes.
• Assessment criteria and preparation tips.
• Q&A and final wrap-up.
• Course evaluation and certification process.