The Arbitration Foundation of Southern Africa (AFSA) offers you an outstanding opportunity to acquire or improve your skills in South Africa’s ever expanding fields of arbitration, mediation and negotiation.
This programme reflects all current advances in the field and represents the authoritative and up-to-date dispute resolution training programme offered in South Africa. Because certain of the modules have particular importance for specialist users, eg. in international arbitrations, construction disputes and matrimonial matters, these selected modules may be undertaken separately. Please refer to the course fees in that regard.

Who should attend?

Legal practitioners, accountants, trade union delegates, human resources practitioners, psychologists, engineers, architects and labour practitioners, contract negotiators in all fields and business people. Please note that 100% attendance is required to qualify.

Course Content

The course consists of 4 compulsory modules and is a block release program.

Module 1: An introduction to conflict management and dispute resolution

Duration: 3 days  |  Date: 15 – 17 May 2019
Understanding conflicts and disputes
Understanding dispute resolution
Dispute systems design
Presented by 
Veerash Srikison

Module 2: Consensus building processes and skills

Duration: 3 days  |  Date: 20 – 22 May 2019
Negotiation (dealt with during Module 1’s block release)
Mediation
Chairing
Facilitation
Presented by 
Veerash Srikison

Module 3: Arbitration

Duration: 5 days (Day One: Bridging course for non-lawyers)  | Date: 24 – 28 June 2019
The Arbitration Act
Arbitration Agreements
The Arbitration Procedure from Commencement to Award
The Duties of the Arbitrator
Presented by 
Charles Cohen, Michael Kuper SC, Dr Ramola Naidoo

Module 4: Elective Courses

Please choose one of the following elective courses:
Divorce Mediation
Arbitration in the Construction Industry
International Commercial Arbitration
Labour Arbitration

Elective Module: Divorce Mediation

To qualify in this module, 40 hours of class time is compulsory
Duration: 5 days | Date: 12 – 16 August 2019
In the light of the new Children’s Act as well as the judgment in the matter of Brownlee vs Brownlee, this course is a must for all family law practitioners, social workers and psychologists. The course, which is primarily based on role plays with feedback, includes:
- Techniques of Divorce Mediation
- The Best Interests of the Child
- Parenting Plan
- Function of the Mediator
- Agreement to Mediate and the Intake Session
- Issues regarding the Children
- Maintenance
- Division of Assets
- Memorandum of Understanding
Presented by 
Charles Cohen

Elective Module: Arbitration in the Construction Industry

Candidates should have an understanding of FIDIC Red Book
Duration: 5 days | Date: 30 September to 4 October 2019
Including:
- The Character of the Disputes
- Conditions Precedent
- Dispute Adjudication Boards
- ICC and the Protocol-Recommendations
- Case Management – UNCITRAL Guidelines
- Collation and Presentation of Evidence
- The Taking of Evidence
Presented by 
Patrick Lane SC, Kevin Spence

Elective Module: International Commercial Arbitration

Duration: 5 days | Dates: 16 - 20 September 2019
No aspect of dispute resolution is changing as fundamentally and radically as the practice of the international arbitrator in South Africa. 

This module now covers:
- The New York Convention and the Model Law
- The International Arbitration Act for South Africa
- The China-Africa Joint Arbitration Project
- The Brics International Arbitration Mechanism

The course 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 function of International Arbitral Tribunals
- An essential Introduction for persons and legal practitioners advising or dealing with foreign investment, international trade, franchises and joint ventures
Presented by 
Michael Kuper SC, Philip Punwar (Barrister) & Prof. David Butler

Elective Module: Labour Arbitration

Candidates should have an understanding of labour law and labour dispute resolution
Duration: 3 days | Date: 10 – 12 July 2019
Including:
- The Labour Dispute Resolution System
- Disputes and Related Processes
- The law concerning typical issues for mediation/conciliation
- The law concerning typical issues for arbitration
Presented by 
Zarina Walele

Evaluation

Assessment of modules will include:
Role plays with feedback
Giving an indication of what the outcomes are
Writing mock agreements, orders, reports and awards
Examinations/assignments
© Copyright 2019 AFSA