The Arbitration Foundation of Southern Africa (AFSA) and the University of Pretoria offer you an outstanding opportunity to acquire or improve your skills in South Africa’s ever-expanding fields of arbitration and mediation.
After completion of the Advanced Programme in Alternative Dispute Resolution, you will be proficient in the principles and procedures used in conflict management and dispute resolution. This unique study course is a joint venture between the University of Pretoria and AFSA and is presented by South Africa’s leading practitioners.
This programme reflects all current advances in the field and represents the most authoritative and up-to-date dispute resolution programme offered in South Africa.
Who should attend?
Legal practitioners, accountants, trade union delegates, human resources practitioners, psychologists, engineers, architects, labour practitioners and business people.
The Programme in Advanced Dispute Resolution consists of two compulsory modules, namely Mediation (Module 1) and Arbitration (Module 2) and one elected specialisation module (Module 3). To accommodate candidates these modules are presented for a few days at a time, between May and November.
Module 1: Mediation (compulsory)
Duration: 5 days (Monday - Friday) | Date: 29 May – 02 June 2023
Understanding Principles and Process of Mediation
Role, Function and Ethical Duties of the Mediator
Developing the Communication Skills of the Mediator
Working Through Diversity, Assumptions, Prejudices and Biases in Mediation
Building the Mediator’s Toolkit for Practice
Module 2: Arbitration (compulsory)
Duration: 4 days (Monday - Thursday) | Date: 19 – 22 June 2023
The Arbitration Act
The Arbitration Procedure from commencement to Award
The Duties of the Arbitrator
Advocate Michael Kuper SC, Chairman of AFSA and CAJAC Johannesburg
Module 3: A specialisation module may be elected from one of the following three modules:
Arbitration in the Construction Industry
(Specialisation Module A)
International Commercial Arbitration
(Specialisation Module B)
(Specialisation Module C)
Specialisation Module A: Arbitration in the Construction Industry
(Candidates should have an understanding of the FIDIC Red Book)
Duration: 5 days (Monday - Friday) | Date: Date to be confirmed
Advocate Patrick Lane SC, Kevin Spence
- General principles of construction law
The function of the PA
The concept of partnering
- Claims for delay, disruption, additional payment
- Dispute resolution
- Expert evidence
Specialisation Module B: International Commercial Arbitration
No aspect of arbitration is changing as fundamentally and radically as the practice of the international arbitrator in South Africa.
Duration: 5 days (Monday - Friday) | Date: 18 - 22 September 2023
This module now covers:
- The New York Convention and the Model Law
- The International Arbitration Act
- AFSA International Arbitration Rules
- Practice and Procedure in International Arbitrations
- International Arbitration Initiatives: China-Africa, BRICS and SADC
This module also includes:
- Essential Aspects of International Commercial Dispute Resolutions (cross-border disputes)
- The History and Development of such Arbitral Process with reference to International Conventions and functions of International Tribunals
- An essential introduction for persons and legal practitioners advising or dealing with foreign investment, international trade franchises and joint ventures.
Advocate Michael Kuper SC, Philip Punwar (Barrister), Prof David Butler
Specialisation Module C: Labour Arbitration
(Candidates should have an understanding of labour law and labour dispute resolution).
Duration: 5 days (Monday - Friday) | Date: 17 - 21 July 2023
- The Labour Dispute Resolution System
- Disputes and Related Processes
- The Law concerning typical issues for Mediation/Conciliation
- The Law concerning typical issues for Arbitration.
Adv Paul Pretorius SC, Mzwandile Dlengezele
Assessment of modules will include:
Role plays with feedback
Giving an indication of what the outcomes are
Writing mock agreements, orders, reports and awards