Conciliation, Mediation & Arbitration
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For all enquiries and concerns related to Arbitration Mediation & Conciliation – please send us an email and we will get back to you as soon as possible.
Processes and Procedures
All consultations are strictly by appointment
Contact Point of entry: Moulana Bienjamien Osman – email@example.com/ 021 684-4634
He will request a brief background to your enquiry and obtain your contact details and request a written statement from the complainant highlighting the concerns. The parties will be requested to state their Heads of Arguments via email.
Note: All correspondence will be via email to keep a paper trail
An acknowledgement of receipt must be issued within 24 hours
On receipt of the written statement/email, the request will be discussed internally.
A personal appointment will be arranged with the complainant to ensure that we have captured and fully understand his or hers concerns.
Thereafter the respondent will be contacted and informed about the complaint /allegations. Arrangements for a personal interview will be agreed upon.
An appointment will be made with both parties for the first hearing.
The 1st tier/level process should occur within 10 to 15 working days.
At this stage, the following must be noted:
All information will remain strictly confidential. (all MJC staff are required to sign confidentiality document)
An Aalim will always form part of the panel.
The MJC will remain unbiased and impartial during proceedings. Transparency and fairness will prevail at all times.
The Complainant/Respondent will have to sign a binding document confirming the appointment of the MJC as Mediator. This will also imply that both parties will accept the outcome of the hearing.
The Department of Conciliation Mediation and Arbitration DCMA, will at all times proceed with a conflict resolution approach to find an amicable solution before declaring the matter a dispute.
DCMA is constantly liaising with Private and Public Sectors, Legal, CCMA and Professional Institutions in terms of advice and guidance should their expertise be required.
If the parties refuse to sign the binding document and opt to take the legal route the MJC will withdraw in its entirety from the dispute.
The legal and Labour Consultants will be engaged should their input be required.
If the matter is not resolved it will be escalated to the 2nd tier/level which will be chaired by the HOD or 2nd Deputy President.
The 2nd tier/level process should occur within 20 to 30 working days.
If the matter is not resolved it will be escalated to the 3rd tier/level better known as the Arbitration Board/Tribunal which will be chaired by the President.
The 3rd tier/level process should occur within 40 to 60 working days.
The complainant / responded will have 14 working within which to appeal
The 4th tier/ level process is the Appeal Board which comprises of the Imaarah/ Senior Counsel members of the MJC