1. A description of dispute resolution mechanisms
Bendix (as quoted by Ferreira, 2004: 80) states that conciliation means an act of procuring goodwill or inducing a friendly feeling. Goodwill has be renewed, and procured during this dispute settlement mechanism. A forum has to be established where parties in conflict or in need of an agreement can come together once again and attempt to settle their differences. The Commissioner sets out the procedure to be followed, such as fact-finding exercise, recommendating to parties, which may be in a form of arbitration award. In this process, a party to mediation proceedings may be represented by him/herself a co-worker or a member, an official of office bearer of his/her union or the employers’ association, other than that if the party is a juristic person by a director or employee. No external agents are involved.
The conciliation process gives the parties another opportunity to continue with their negotiations as part of the dispute settlement procedure. Failure to conciliate may lead to industrial action or to further steps in the dispute settlement process. This can be a process to restore a relationship that might have been destroyed or harmed by industrial actions. If a dispute is submitted for conciliation by the CCMA, there are procedure to be followed, such as a restriction of 30 days after referral within which the dispute should be settled. The parties may agree to a longer period, however, if necessary. After this period, the commissioner must issue a certificate declaring that the dispute has been resolved or that it remains unresolved.
Arbitration consists of the appointment of a third party to act as adjudicator in a dispute and to decide on the terms of the settlement. This process differs from the mediation and conciliation processes in that it does not promote the continuation of collective bargaining. During the arbitration...