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The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995 , which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa .
1995 also saw the introduction of the Commission for Conciliation, Mediation and Arbitration (CCMA) which is an administrative tribunal. The Commission for Conciliation, Mediation and Arbitration endeavours first and foremost to conciliate between the parties. If it is unsuccessful in this, the matter moves on to arbitration.
Kylie v Commission for Conciliation, Mediation and Arbitration and Others is an important decision in South African labour law, handed down on 26 May 2010 in the Labour Appeal Court of South Africa.
Three institutions have also been created to further the goals of reducing industrial relations conflict, eliminating unfair discrimination and redressing past discrimination in the workplace: the National Economic Development and Labour Council (NEDLAC), the Labour Court and the Commission for Conciliation, Mediation and Arbitration (CCMA). [9]
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
The direct benefit theory of estoppel and agency is the most frequent reason that demands for arbitration are granted against nonsignatories. Individuals and businesses would do well to be mindful ...
ad hoc arbitration proceedings are those in which the arbitrators are appointed by the parties without a supervising institution, relying instead on the rules that have been agreed upon by the parties and/or procedural law and courts of the place of arbitration to resolve any differences over the appointment, replacement, or authority of any or ...
A Court of Arbitration is a court, sometimes outside of the official judicial system of a country, that resolves certain kinds of civil disputes, primarily between industrial or commercial entities, or between employers and employees.