Wednesday, January 25, 2012

Endeavour

"endeavour"-a purposeful or industrious undertaking (especially one that requires effort or boldness) (www.thefreedictionary.com)

Last night at a meeting, our lead pastor used the word "endeavour" in a way that I found intrigueing, so this morning I decided to check out the word and I came across this definition which I love-probably because it has the word "boldness" in it. I am less of a fan of the word "effort". Haha...JK-that's pre-teen BBM speak for "Just Kidding", by the way...hope my 11 year old daughter doesn't catch me using her abbreviations...she would not be impressed and that would not be ideal.

Anyway, back to "endeavour". Building a practice in Alternative Dispute Resolution ("ADR") has been an exciting endeavour ie an exciting purposeful, industrious undertaking, requiring effort and boldness indeed.

My experience has been of having had to be single-mindedly intentional about building ADR. And it has been fruitful. A great number of lawyers and other professionals are drawn to ADR, believing in the innate goodness of settling disputes outside of court and are drawn to the fact that there is a potential livable income wrapped up securely within something that has so many altruistic facets. "Altruism"...um...just give me a second...ah "unselfish concern for the welfare of others" (www.thefreedictionary.com) Yes, that is what I was trying to get at in using the word "altruistic".

But altruism alone is not going to sustain single-minded intentionality in building an ADR practice. There are economic considerations. Yes, I did say "Livable income wrapped up securely in something that has many altruistic facets"

"Livable income?" I hear you ask. "Yes indeed", I say. Well then why do so many professionals with a passion for mediation abandon ship soon after become formally skilled up in the ways of mediation? The answer is, in my view, that professionals have an expectation of qualifying in mediation and then automatically getting work in mediation. Simple, you qualify, you get work. Get it? Well, the truth is many don't. For many with a burning passion for ADR, for a better way, it is a massive anti-climax.

Having just said all I have, may I just say that there are significant opportunities in ADR, and that there are significant amounts of work. So what's up then, what's missing?

May I suggest it is "endeavour"-wrapped up in that we find purposefulness, industriousness (is that a word? if not consider this whole blog a poem-JK-ooops!), effort and boldness. I love "boldness". Um...just give me a second...ah yes, "fearless and daring; courageous". Yes, that hits the spot.

Having "endeavoured" around my ADR practice for the past six years, just over a year ago I founded ADR Network South Africa to formally cope with referrals we were receiving nationally and internationally, and also as a platform to train lawyers and other interested professionals in ADR. It has grown to a platform where we also assist others in establishing, nurturing and growing their own ADR practices. We have established a dynamic, young board of directors. When I say young, I include myself in that, so think of "young" as a spectrum, if you will.

From 2012, I am largely concentrating my endeavours on getting work for the Network and training up enough capacity to do the work. It is an exciting endeavour and puts me in the position of helping professionals with an interest or passion in ADR to connect with their dreams and aspirations.

Tomorrow morning I have a meeting with a lawyer from Papua New Guinea (if the spelling is wrong on that, this is a poem). I am excited to hear her aspirations and assess how we can help in connecting her with those.

More about ADR Network South Africa to come...watch this space.

As always, yours in BIG peace, huge!
Sheena Jonker

Ps. If you have a dispute you wish to keep out of court drop us an email at adr@mediatorsa.co.za
And is you have aspirations in ADR (mediation or arbitration), email me on sheena@mediatorsa.co.za
www.mediatorsa.co.za

Friday, August 27, 2010

Peer Mediation in the Workplace: One Day Program

ADR-Network-South Africa
presents
PEER MEDIATION IN THE WORKPLACE: ONE DAY PROGRAM

• Resolve conflict in the workplace internally
• Minimize referrals to the CCMA and Labour Courts
• Conflict is effectively managed and resolved by peers in the workplace
• Participants gain valuable mediation and conflict resolution skills
• Great for team-building in the workplace
• Suited to all types of organizations where humans deal with humans

Costs:

R 1500 (excluding VAT) per delegate for the first five delegates from the same organization
Delegates six to ten from the same organization pay R 1000 (excluding VAT) thereafter
Further delegates from the same organization pay R 500 (excluding VAT)

Availability:

The program is run throughout South Africa

Information:

For full program information or to book send an email to adr@mediatorsa.co.za

Regards

The ADR-NETWORK, SOUTH AFRICA team
www@mediatorsa.co.za

Thursday, July 8, 2010

Dispute Resolution in the Workplace

When "issues" rear their head in the workplace, most people immediately think CCMA.

Whether it's the employee wishing to assert and protect his or her rights or the employer worried that he or she is going to be dragged off to a CCMA tribunal to have his or her fate determined for him or her. And I have read reports that 75% of all CCMA matters go the way of the employee.

Even so it is not a certainty that the employee will come away with what he or she wants or needs.

Private dispute settlement is a very real and effective option.
From making sure that fair procedure is followed in terms of an enquiries and subsequent dismissals, to getting the employer and employee around the table to discuss and work out a solution (or settlement) that is acceptable to both parties, labour mediation and labour arbitration offers parties solutions that are speedy, affordable, effective and private.

Whether you have a labour dispute in Cape Town, George, Durban or Johannesburg, or, in fact anywhere else in South Africa we have a network of professional mediators and arbitrators that can assist you in settling your dispute.

For more information drop us an email at info@mediatorsa.co.za or visit www.mediatorsa.co.za
Until next time, peace!

Thursday, June 10, 2010

ADR Certification Course

ADR-Network-South Africa

presents

ADR Certification Correspondence
Course

Compulsory Training Units for the certificate are:

1. An Introduction to Conflict Resolution
2. Mediation-the process and skills
3. Arbitration

Elective Training Units, from which the student must choose one are:

1. Labour Dispute Resolution
2. Divorce Mediation

Evaluations are done in the form of assignments at the end of each training unit.

The ADR course is appropriate for professionals, business people, labour and IR consultants, bargaining council and union representatives.

Graduates of the certification course can apply for membership on the ADR-Network-South Africa Panel.

Costs for 2010

The cost for each training unit is R 2 499,00 inclusive of VAT. The fee is payable in advance of each Training Unit.

Students are required to complete all four training modules in a maximum of twelve months.

Further Information and Registration

For further information or to obtain registration forms, kindly email adr@mediatorsa.co.za

Tuesday, May 18, 2010

Alternate Dispute Resolution in Labour Matters Certification Course

ADR-Specialists, South Africa
presents
a two day certification course in
ALTERNATIVE DISPUTE RESOLUTION IN LABOUR DISPUTES
This is an advanced training course in ADR processes in Labour Disputes equipping participants with the soft skills used in mediation as well as the ability to effectively use multi-tiered approaches in labour dispute settlement
(refer to the course outline attached)

The course will be run on the 4th and 5th of June from 9am to 4pm on each day in Johannesburg, Durban and Cape Town

Cost: R2999 (includes manual, teas and lunch)
A 50% non-refundable deposit is due on confirmation of attendance.

Presenters: Leading professionals in labour dispute settlement

Registrations close 28 May 2010.
RSVP and enquiries to:
info@mediatorsa.co.za

Friday, May 7, 2010

Expanding our ADR Services

Well, the time has come for expansion, and I am pleased to welcome Stephen Strydom into the fold, in a format still to be finalized.
Stephen is an admitted advocate of the High Court of South Africa, and is a staunch proponent of alternate dispute resolution (ADR).
Together we intend to raise the profile of mediation and arbitration and educate end users about the benefits of alternate dispute settlement as opposed to litigated court action. Coming from a legal background (and especially a background in litigation), Stephen is all too aware of the costly, divisive and destructive nature of litigation. He held office on some of the earliest committees of The South African Association of Mediators back in the early nineties-back in the days when I was still in nappies. Okay, that's not true.He had a special interest in Divorce Mediation even then, when mediation wasn't exactly at the forefront of anyones minds.
And so we share an interest in this very exciting and ground-breaking field.
Over the next few weeks, I will be bringing you more interesting stuff and many different aspects of the application of ADR. If you have any particular interest, be it Family Mediation, Parenting Plans, Labour Mediation or Arbitration or Commercial Mediation or Arbitration, please drop me an email at sheena@mediatorsa.co.za or visit www.mediatorsa.co.za
Until next time, PEACE.

Thursday, April 15, 2010

Ten reasons to refer your dispute to mediation

#1 Be in control of your own outcome as opposed to leaving the result to chance in the hands of a judge
#2 Mediation is between ten and a hundred times cheaper than litigation
#3 Mediation is speedier. To give you an example, the backlog in the Durban High Court is three and a half years. Yes, you wait three and a half years just to get a court date, which is then subject to postponements, adjournments and the like.
#4 Mediation helps to preserve relationships. When one party is pronounced the "winner" and the other the "loser", what chance does their relationship stand?
#5 Win/win-you don't have to "settle" for compromise (which is an inferior goal), each party can achieve a solution they can live with.
#6 A mediated solution generally lasts longer as the parties participated in designing the solution rather than having a decision imposed on them externally
#7 Mediation is private and confidentiality remains in tacked. Solutions can be explored without fear of publication. Court cases are heard in public
#8 In family matters, mediation champions the best interest's of minor children
#9 The parties can choose their own mediator
#10 Mediation is consensual and can be terminated by any party, at any stage, without having to give a reason

Yours in peace
Sheena

For more information go to www.mediatorsa.co.za