Khadija Magardie
Both newcomers and veterans in the field of private dispute resolution are jostling for first place in the booming labour litigation industry.
Most say their motives are philanthropic to provide a service where business and labour can resolve issues without resorting to lengthy and often costly litigation. But there are significant pickings involved, especially after the country’s leading private dispute resolution body, the Independent Mediation Service of South Africa (Imssa), closed last year amid allegations of mismanagement.
New organisations have hastily stepped in to fill Imssa’s shoes, the most prominent contenders being the up-and-running Arbitration and Mediation Service of South Africa (Amssa) and the newly formed Tokiso Dispute Settlement, which opens its doors for business this week.
Amssa has absorbed the lion’s share of former Imssa panellists, including veterans Ruth Edmonds, Felicity Steadman and Puke Maseremule. Its director, John Brand, is an internationally renowned labour lawyer and one of Imssa’s founders.
Tokiso too has secured big names, including veteran labour lawyer Halton Cheadle, Meshack Rabuko and Charles Nupen, who was also a founder trustee of Imssa.
“Big business and unions need an avenue like ours,” says Tefo Raditapole, a Tokiso director, adding that current labour legislation makes specific provision for parties to go either the public or private route, and that they should be able to make such a choice. Highlighting the pros of private dispute resolution, such as speedier resolution, and a choice in who will facilitate the process, he said Tokiso will be playing a supportive, and not competitive, role to the Commission for Conciliation, Mediation and Arbitration.
Similar sentiments were expressed by Amssa. According to Brand, individuals and organisations, including unions, with money should not be using state resources, which are intended primarily for the poor. He maintains that there is little profit, in any case, to be made out of dispute resolution.