Teaching and Learning Activity

Suggested Solutions
Module: Alternative Dispute Resolution in South Africa
(HADR230-1)
Week number: 3 (25 August 2022)
Unit covered: Unit 3: Introduction to Mediation

Instructions:

To enrich your learning experience at Boston even further, and to ensure that you are exposed to a
variety of resources in this module, announcements will be posted every week containing additional
materials or activities for you to work through.

It is important to note that these activities are neither compulsory nor weighted, but that it will be to your
advantage to participate. The purpose of the activities is to help you better understand the content of
your weekly unit/s of study, and it will assist in creating insight and deeper meaning.

Activity 3 is based on Unit 3 of the prescribed courseware for this module.

Please find the suggested solutions below:

Question 1 (17 marks)

Jabulani is employed as an IT specialist at Fine Networks (Pty) Ltd (“Fine Networks”). Jabulani has
been taking his work laptop (which is the property of Fine Networks) home for the past two months.
However, the removal of Fine Networks property is strictly prohibited. Management of Fine Networks
dismisses Jabulani on the basis of gross misconduct. Jabulani feels that his conduct was not that of
gross misconduct and his dismissal is not justified. Jabulani contacts an independent third party to
facilitate discussions between himself, and now his former employer, in an effort to establish common
ground and have him be reinstated.

Required:

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1.1 Identify and explain the applicable type of dispute resolution. (5 marks)

Suggested Solution: Unit 3 (Chapter 3; page 47-48

Note to student/grader: Please note that the answer is not limited to the points identified below, this is
just a summary of the answer.

• Mediation ✔
• Mediation is a voluntary process whereby the parties to a dispute make use of a neutral third party
to assist them in resolving their dispute. ✔
• Participation in mediation is voluntary in that the parties are not forced into taking part and can
withdraw at any stage. ✔

• A party is also not obliged to agree to a solution. ✔

• The neutrality of the mediator is not absolute, but a matter of degree. ✔

• A mediator may have a preference for a certain outcome and could use his or her values to
influence the parties during the mediation process. ✔
Learning Objective

• Define, discuss, and apply mediation.

1.2 Apart from resolving disputes, the type of dispute resolution above may be used for what purpose?
(12 marks)

Suggested Solution: Unit 3; pg. 51-52

Note to grader: Award one (1) mark for identifying the correct purpose and additional two (2) marks for
explanation
Award a maximum of 12 marks for this question

• Defining disputes: ✔ This process is called ‘scoping’ and is used in planning and environmental

disputes. ✔
• It is used to define which issues are in dispute and which are not before referring the matter to
other methods of dispute resolution such as litigation or a public inquiry or public participation. ✔

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• Managing conflict: ✔ Where there is an ongoing series of disputes of varying intensity over a
period of time, mediation can be used to manage the conflict by establishing the appropriate rules,
structures✔ and processes for the parties to use in their communication and interaction whilst

attempting to resolve their differences. ✔

• Negotiating contracts: This form of mediation is called ‘transactional mediation’. ✔

• It assists the parties in identifying interests and priorities, improving communications, managing
emotions, formulating proposals, narrowing options, and noting and recording agreements. ✔

• Transactional mediation is often used during joint-venture or take-over negotiations. ✔

• Formulating policy: ✔ Where a public authority is required to determine rules or policies, it can
use mediation to ask interested and affected parties to participate in the process and influence its
outcome. ✔
• The mediation may produce the policy or rules, or it can influence the body tasked with finalising
the rules or policy. ✔
Learning Objective

• Understand the other uses of mediation

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