The course consists of the following modules:
- Defining arbitration
- Arbitration compared to conciliation and litigation
- Arbitration within the global context
- Arbitration, access to justice and the Constitution
- Arbitration within the context of the Labour Relations Act
- Ethics in arbitration, including the arbitrator's Code of Conduct and fairness in the arbitration process
- Preliminary issues at arbitration, including determining jurisdiction to arbitrate and whether legal representation is permissible, an understanding on whether to postpone or dismiss an arbitration, and processes and factors to take into account when making such a decision
- Conducting an arbitration process, including the introduction, narrowing the issues, presenting of evidence, the laws of evidence, arguments in closing statement
- Default arbitration, including when and how to conduct these arbitrations and how to write a default arbitration award
- Each participant will be individually coached in the role of arbitrator through a simulated arbitration process by an experienced CCMA commissioner
- Skills necessary in drafting an award, elements of an award, the use of language, identifying facts in dispute, applying the law to the facts and linking the facts and application of the law to the findings. We provide a unique module on legal writing skills by an experienced legal writing academic
- Certifying arbitration awards
- Drafting condonation rulings
- Drafting rescission rulings
- Variation and rescission, and
- Reviews: Drafting an explanatory affidavit in the review process.