Postgraduate Diploma in Dispute Settlement

Purpose

Alternative forms of dispute settlement (as opposed to litigation and the use of power) are becoming increasingly important, both from a cost perspective and for the maintenance of business, private or community relations. Legislation (e.g. the draft new Companies Act, the Environmental Protection Act, and others) provides for alternative forms of dispute settlement, yet there are few instances of alternatives such as negotiation and mediation being used to resolve disputes. This is in large part due to a lack of skills and the absence of a sufficient number of practitioners with specialised dispute settlement skills.

Successful completion leads to appointment on the dispute resolution panels of the Africa Centre for Dispute Settlement, enabling successful learners to practice as mediator or arbitrator. This provides an opportunity for students to establish a new career path, i.e., that of dispute settlement practitioner.

Rationale

Conflict in organisations is an avoidable cost, yet few professionals and managers have the knowledge or skills to resolve differences in a peaceful and constructive manner. The same applies to conflict in other sectors of society.

Mediation and other forms of dispute settlement have become increasingly important, both in South Africa and elsewhere, as alternatives to litigation and the use of power. In South Africa, there are no qualifications available at tertiary institutions that provide persons involved or interested in dispute settlement with a comprehensive, postgraduate level knowledge and skills set that would qualify them as dispute settlement practitioners.

Proven relevant experience in dispute resolution.

Recognition of Prior Learning

Candidates who do not meet the minimum requirement for admission can be admitted on the basis of a portfolio of proven comparable competencies, knowledge and experience. A maximum of 10% of the annual student intake will be admitted by means of Recognition of Prior Learning.

Access to the Qualification

A relevant Bachelor's Degree. Proven relevant experience in dispute resolution is recommended.

Students need to complete the 2 compulsory modules, as well as one elective.

The 2 compulsory modules (80 Credits in total) are

• Introduction to conflict, conflict management and dispute resolution - 10 Credits.
• Consensus building processes and skills - 70 Credits.

The elective modules are

• Arbitration - 40 Credits.
• Mediation - 40 Credits.

1. Demonstrate a comprehensive and systematic knowledge of current thinking on conflict, its origins, sources, factors influencing its outcome, various conflict management styles and dispute settlement options.
2. Demonstrate a coherent and critical understanding of the various processes available for the resolution of disputes.
3. Engage effectively in negotiations.
4. Mediate and arbitrate civil and commercial disputes.
5. Demonstrate specialist knowledge and skills to be able to mediate and/or arbitrate disputes in a number of selected areas.

• Range: Family disputes; international trade disputes; community disputes; intellectual property disputes and labour disputes.

1. Analyse and resolve disputes creatively.
2. Produce assignments which meet the standard of reports/awards of professional writing.

Critical Cross-Field Outcomes

This qualification addresses all the Critical Cross-Field Outcomes.

The following Assessment Criteria are applied in an integrated manner

• Approaches and practices in Dispute Management are understood and demonstrated in practice.
• Mechanisms for conducting effective negotiations are presented.
• Interpersonal management is conducted to meet the needs of all parties.
• Labour relations are understood in context of the South African legal environment and arbitration processes are managed and conducted using core standard processes.
• Competent arbitration awards are written.
• The labour conciliation process is managed timeously and conducted efficiently using non-core standard processes.
• Arbitration processes are managed and conducted using non-core standard processes and submissions and referrals are screened and allocated to the appropriate party for handling.
• The review and rescission process is understood and implemented according to legal and regulatory requirements.
• Awards and recommendations are considered and written in the correct format by applying the relevant rules, functions, powers and duties of organisations.
• Case law and judicial precedents are applied to labour related issues.
• Legislative provisions relating to an organisation's rights are interpreted and applied correctly.
• Legislative provisions relating to an individual's rights are interpreted and applied correctly.
• The rules, functions, powers and duties of organisations are identified in relation to the issues for negotiation.
• Case law and judicial precedents are applied to specific cases.

Integrated Assessment

Student progress is monitored by means of a continuous assessment scheme focusing on individual performance.

The programme coordinator/director is responsible for the overall monitoring the progress of individual students. Assessments consist of:

• One or more class tests for each module (formative).
• One or more written assignments for each module (summative).
• One final integrated case study (summative).
• Peer and facilitator reviewed role-plays (formative).

Assessment in the programme is aligned with the University's Assessment Policy.