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.
Content
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: Arbitration (compulsory)
Duration: 4 days (Monday - Thursday) | Date: 6 – 9 May 2024
The Arbitration Act
Arbitration Agreements
The Arbitration Procedure from commencement to Award
The Duties of the Arbitrator
Presented by
Advocate Michael Kuper SC, Chairman of AFSA and CAJAC Johannesburg
Module 2: Mediation (compulsory)
Duration: 5 days (Monday - Friday) | Date: 3 – 7 June 2024
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
Presented by
Veerash Srikison
Module 3: A specialisation module may be elected from one of the following three modules:
Labour Arbitration
(Specialisation Module A)
or
International Commercial Arbitration
(Specialisation Module B)
or
Arbitration in the Construction Industry
(Specialisation Module C)
Specialisation Module A: Labour Arbitration
(Candidates should have an understanding of labour law and labour dispute resolution).
Duration: 5 days (Monday - Friday) | Date: 8 – 12 July 2024
Presented by
Adv Paul Pretorius SC, Mzwandile Dlengezele
Content includes:
The Labour Dispute Resolution System
Disputes and Related Processes
The Law concerning typical issues for Mediation/Conciliation
The Law concerning typical issues for Arbitration.
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: 16 – 20 September 2024
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.
Presented by
Advocate Michael Kuper SC, Philip Punwar (Barrister), Prof David Butler
Specialisation Module C: Arbitration in the Construction Industry
(Candidates should have an understanding of the FIDIC Red Book)
Duration: 5 days (Monday - Friday) | Date: 14 - 18 October 2024
Content includes:
General principles of construction law
FIDIC
JBCC
Pertinent terms
The function of the PA
NEC
Pertinent terms
The concept of partnering
Claims for delay, disruption, additional payment
CPA
Claims preparation
Record keeping
Global claims
Disruption
Variations
Dispute resolution
Adjudication
Mediation
Arbitration
Expert evidence
Presented by
Advocate Patrick Lane SC, Kevin Spence
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
