Saturday, 28 January 2012 - 12:35 AM



The Dispute Resolution Digest 2012 will be launched at a breakfast seminar in Johannesburg on 3 February 2012. For more information and to book your seat, contact Michelle Govender.
Welcome
Welcome to Tokiso Dispute Settlement and the great benefits of Alternative Dispute Resolution (ADR). ADR offers a wide range of alternative options to costly litigation, and Tokiso’s ADR services are legally enforceable, cost effective and user friendly.Tokiso provides comprehensive processes and support services in the areas of commercial and employment disputes, and community conflict. For more information about what we can offer you, click here.

Since its inception in 2001, Tokiso has grown to be the largest private dispute resolution provider in South Africa, with 255 panellists (our mediators, facilitators and arbitrators) in all provinces and internationally, who resolve over 10 000 disputes per annum.

Our reputation spans beyond South Africa’s borders. In 2008 and 2010, Tokiso was awarded International Prizes in London by the Centre for Effective Dispute Resolution.  The prizes were awarded for Service Excellence in ADR and for Initiative in Conflict Management respectively, a testament to our level of professionalism and commitment to independence.

For more information about Tokiso, click here. We look forward to being of service to you.
Understand your dispute resolution options

Alternative dispute resolution (ADR) refers to the process of resolving disputes among parties without necessarily resorting to court action, although the agreements and outcomes are legally binding.

Types of disputes

  • Employment
  • Commercial
  • Community


Click here for more
Tokiso services in detail
Tokiso offers a range of comprehensive services and processes for individuals and organisations in the areas of employment disputes, commercial ADR and community matters. All our services are cost effective, user friendly and legally enforceable.

Dispute resolution services fall into the following broad categories:
  • Employment
  • Commercial
  • Community

We also offer a range of support services customised to suit your needs:
  • Training and Seminars
  • Secretariat Services
  • Verification Processes
  • Case Management Services
  • Boardroom Hire

For more information, click here.
Tokiso Supports DiSAC

The Dispute Settlement Accreditation Council (DiSAC) was established by a number of independent ADR service providers. Tokiso is one of its members. Officially launched in March 2010, the purpose of DiSAC is to define and establish accreditation standards for practitioners in mediation and arbitration and provide a uniform system of implementation of these standards. Accreditation is voluntary.

The advantages of accreditation standards include:

  • assisting in improving practitioner knowledge, skills and ethical standards;
  • promoting standards and quality in mediation and arbitration practice;
  • protecting the needs of consumers using mediation services;

Read more...
Draft Mediation Rules for The High Court And Magistrates Court


In October 2011, draft Mediation Rules for the High Court and Magistrates Court were released for comment. Attached is the submission that Tokiso has submitted to the Rules Board with other interested parties. The draft Rules introduce Court Aligned Mediation.

Court aligned mediation is a process in which parties to litigation are, by court instruction, required to attempt to mediate their matters in order to reach settlement before having it set down for court hearing.

The object of 'court aligned mediation' is to provide parties to litigation with a dispute resolution mechanism which is "cost effective and expeditious". Therefore the rules propose that when a notice of intention to defend is received, the registrar of the court must refer the matter to a dispute resolution administrator who will set down a mediation between the parties.

Parties may refuse to participate in a mediation, but this may have cost implications against them.

Tokiso welcome's these draft Rules and trust that this will introduce effective and quality mediation that will assist in facilitating access to justice.

Latest / Forthcoming Events
Client feedback


The following is what our clients think of our services / cases we’ve done.

“I believe that the service we, at Gautrain, received was excellent. Any problems or potential problems were discussed and resolved. In short, if it was not a service of quality, I would not have recommended the same structure to Medupi, Kusile and Secunda.” Mr Ernest De Jager, Gautrain

“Tokiso has always provided us with a high quality, professional and dedicated service. We are treated with respect and professionalism at all times and prompt action is taken to assist us when in need – nothing is too much trouble. Tokiso has a proactive approach and this is incredibly reassuring knowing that there is always a hand willing to go the extra mile to assist when necessary.” Ms NaeemaDoolabh, SARS
Worklaw Newsflash

Dismissal for unlawfully striking justified?

The LRA provides that an unprotected strike may constitute a fair reason for dismissal. The LAC in National Union of Mineworkers obo Employees and Others v Commission for Conciliation Mediation and Arbitration and Others decided on the facts of that case that the strikers' dismissal was unfair.
Read more...

Careers at Tokiso

There are no new positions at Tokiso at this time.
Tanya's blog
I want to become a panellist...
06 October 2011

I am often approached by attorneys, HR officials, union officials and those in other professions with the question, “How do I become a panellist?” I get the impression that the role of mediator and arbitrator is seen as a ‘sexy’ profession. The reality is different. This is a difficult industry to get into, and the type of commitment and time that goes into building a career as a mediator or arbitrator has sent many a brave person looking for work in other directions. So the answer is not standard and requires a more detailed discussion.

Becoming a panellist

The primary difficulty for any aspirant mediator and arbitrator is that, like any other profession, this is not a career one can hop, skip and jump into overnight and expect to be overwhelmed with work. Firstly, a person needs to complete a reputable training course in the field, even if you are legally trained.
Secondly, the market is saturated with mediators and arbitrators (although many untrained or poorly trained). The supply is much higher than demand. This is largely because dispute resolution is a new (be it growing) field of work.

Read more >>

In HR, where does the risk lie?
22 September 2011
Risk is usually a topic reserved for finance to fathom and HR is relegated to deal with the ‘softer’ issues in a company.  However, the impact of the poor management of people in a company can these days lead to adverse risks that can impact on the bottom line directly.

What is the Risk?

The one area where companies can start measuring risk is that of staff turnover with regard to dismissals.  In research conducted by Tokiso over the last six years, we estimate that on average a company can expect to dismiss about 3% of their workforce for misconduct or incapacity.  About half of these dismissal cases will be referred to the CCMA or respective bargaining council.  There is a variation between industries, but this is a good guideline.
Read more >>
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Switchboard:     +27 (0)11 853 6300
    0861 TOKISO
Fax number:     +27 (0)11 853 6335