What are the advantages of the parties resolving the dispute between them through mediation by the IAC Registrar, compared with having the dispute heard by the Court?

Negotiation gives both parties the opportunity to achieve a win-win outcome, which is particularly important given that the union-employer relationship is a long-term one. The parties will also save on the time and effort involved in preparing for and presenting their respective cases at a Court hearing. The parties sometimes do not welcome the publicity that comes with the hearing, which is normally conducted in open court. Negotiation between the parties at the mediated sessions, on the other hand, is conducted in private, and on a confidential and ‘without prejudice’ basis, unless otherwise requested by the parties.


Last updated: 04 March 2018