Case study - Dispute resolution
Mr. Dimakatso Sentsho was employed as a Herd-boy by Dikatso on the 15th November 2017 at
Sekomboro Farms. In January 2020 Mr. Sentsho was paid his monthly salary accordingly and he
requested Mr. Dikatso for transportation since he was going back to Shakawe, little did he know
that it was the last day of service for his employee. After a day Mr. Dikatso called his Herd-boy
(Mr. Sentsho) as a norm to check how things are and surprisingly, he informed him that he will
no longer return to the farm and does not want to work. Mr. Sentsho did not serve notice as
required by section 19 of the Employment Act. Mr. Dikatso then lodged a case with Labour
Office for mediation since him and his employee were failing to reach an agreement.
a) You have been hired by the Department of Labour and Social Security as an Industrial
Relations Officer and you have been mandated to guide a new employee on how to
mediate a trade dispute. Explain mediation and the process of mediation to the new
employee.
Mediation is a form of dispute resolution in which a neutral third party, known as a mediator, helps parties in a dispute to reach a mutually acceptable agreement. The goal of mediation is to facilitate communication, identify issues, and explore possible solutions that meet the interests and needs of both parties.
The process of mediation typically involves the following steps:
1. Opening statement: The mediator introduces themselves and explains the mediation process. Each party is given an opportunity to share their perspective on the dispute.
2. Information gathering: The mediator asks questions to gain a better understanding of the issues and underlying interests of each party.
3. Problem identification: The mediator helps the parties to identify the key issues that need to be resolved in order to reach a satisfactory agreement.
4. Negotiation: The parties engage in a discussion facilitated by the mediator to explore possible solutions and reach a mutually acceptable agreement.
5. Agreement: Once the parties have reached an agreement, the mediator helps them to document the terms of the agreement in writing.
6. Closure: The mediator assists the parties in reviewing the agreement and addressing any concerns before finalizing the resolution of the dispute.
It is important for the mediator to remain impartial, facilitate communication, and guide the parties towards a solution that is fair and mutually beneficial. Mediation is a voluntary process, and the mediator does not make decisions or impose solutions on the parties. Instead, the mediator helps the parties to find their own solutions through open communication and negotiation.