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Short Learning Programme
on
Practical Mediation
During 2011 a conference on access to justice, held under the auspices of the Chief Justice of South Africa, resolved that the possibility of introducing mediation in the civil courts should be investigated. Mediation has increased in popularity worldwide as a cheaper and quicker method of resolving disputes. It was decided to first introduce mediation in the Magistrates’ courts and thereafter in the High Courts. On 18 March 2014 (Government Notice 183, Government Gazette number 37448) the Rules Board promulgated the new Court Annexed Mediation Rules for the Magistrates Court. This introduced the possibility of mediation in civil matters instituted in the Magistrates Courts, including the Regional Courts. The rules were introduced on 1 December 2014 in a few selected Magistrates Courts in Gauteng and two in the North West Province, including Potchefstroom. Mediation will be introduced in all Magistrates Courts incrementally as the court officials receive the necessary training. The Department of Justice promulgated the necessary training and standards that mediators must comply with to be able to be accredited as court annex mediators. In terms of the rules matters may only be referred by the Clerk of the Magistrates Court to mediators accredited in terms of the mentioned standards referred to in the Government Gazette. Although the Mediation Rules will only be introduced incrementally it is envisaged that the need for trained mediators will increase with time. As soon as a culture of mediation in legal matters is entrenched in South Africa, the need for well trained and experienced mediators will increase. This short learning programme differs from the existing programme CIVIL MEDIATION, in the sense that no assignments after attendance of the 40 hours contact sessions will be required and participants need not have any prior tertiary qualification. We have received enquiries to offer such a programme in addition to the existing programme in Civil Mediation as this programme will service a different market.

Purpose of the course:

The purpose of the course is to train mediators that will also be able to be accredited as entry level mediators in terms of the Court Annexed Mediation Rules of the Magistrates Court.

Admission requirements:

Admission requirements: 
Grade 12 or equivalent.

Course outcomes and assessment criteria :

Course outcomes and the associated assessment criteria: 

Study Unit

Outcomes

Assessment Criteria

  After completion of this course, participants will: Participant will be assessed on the following criteria:
 
  • Integrated knowledge and informed understanding of the concept of mediation; perspectives on mediation, a general overview of the litigation process and the place of mediation in that process,
  • Integrated knowledge and informed understanding of the range of skills necessary to be a mediator;
  • Ability to select, implement and manage information, sources, processes and principles to mediate basic integrated real life and/or hypothetical legal problems in the South African context;
  • Ability to apply a combination of legal skills in mediating real life and/or hypothetical legal problems ethically and professionally;
  • Monitor and reflect on own learning progress, acquisition of different mediation skills and implement relevant learning strategies to improve learning and to lay the foundation for further study and lifelong application and development of skills
  • demonstrate during practical role-plays and simulations, their integrated knowledge and informed understanding of the concept of mediation,   perspectives on mediation, a general overview of the litigation process and the place of mediation in that process;
  • demonstrate during practical role plays and/or simulations,  and/or in writing, integrated knowledge and informed understanding of the range of skills necessary to be able to be a mediator;
  • demonstrate during simulations and role plays, the ability to select, implement and manage information, sources, processes and principles to mediate basic integrated real life and/or hypothetical legal problems in the South African context,
  • demonstrate during simulations and role plays, the ability to apply a combination of legal skills in mediating real life and/or hypothetical legal problems ethically and professionally;
  • demonstrate upon conclusion of  simulations and role plays, the ability to monitor and reflect on own learning progress, acquisition of different mediation skills and implement relevant learning strategies to improve learning and to lay the foundation for further study and lifelong application and development of skills

 

Assessment: 
4-6 simulated mediation sessions and role plays.
Method of assessment: 
Qualified mediators will sit in and assess knowledge and skills displayed by every participant during simulations and role plays. A maximum of five participants will be allocated to each simulation or role play, to enable proper assessment.

Additional information

CESM 120620
Mode of delivery: 
Contact
Target group: 
The target group will be non-lawyers and persons who do not hold tertiary qualifications, who are interested in becoming mediators or who wish to acquire mediation skills for use in their professional environment.
Contact us
Name: 
Ms MC Roos
Telephone number: 
018 299 1958