Resources / Glossary
Terms explained plainly
Short, plain-language definitions of terms used across this site. This is general information, not legal advice \u2014 for how a term applies to your specific situation, an introductory conversation is the best next step.
ADR (Alternative Dispute Resolution)
An umbrella term for ways of resolving disputes outside of court litigation, including mediation, arbitration and conciliation.
Arbitration
A private dispute-resolution process in which an appointed arbitrator considers both parties’ cases and makes a decision, called an award. Unlike mediation, the arbitrator decides the outcome rather than helping the parties negotiate it themselves.
Arbitration Award
The formal decision issued by an arbitrator at the end of an arbitration. It is typically binding and enforceable, similar in effect to a court judgment.
Binding / Non-Binding
A binding outcome is legally enforceable. Mediation itself is non-binding — the mediator has no power to impose a decision — though a signed settlement agreement reached through mediation may create binding obligations. Arbitration awards are typically binding.
CCMA
The Commission for Conciliation, Mediation and Arbitration — a South African statutory body that handles labour disputes, including through its own conciliation and arbitration processes.
Conciliation
A dispute-resolution process, often used in labour matters, where a conciliator helps the parties communicate and explore settlement — similar in spirit to mediation, and the term used specifically within CCMA processes.
Confidentiality (in Mediation)
The principle that what is discussed during mediation is treated as private, subject to the mediation agreement, applicable law, and any limited exceptions explained before the process begins.
Conflict Check
A check carried out before a mediator accepts a matter, to confirm they can act independently for everyone involved and have no competing interest or prior relationship that would compromise impartiality.
Grievance
A formal complaint raised by an employee, typically addressed through an organisation’s internal grievance procedure, and distinct from a voluntary mediation process.
Indemnity
A contractual promise by one party to compensate another for specified losses or liabilities, sometimes used in settlement agreements to manage future risk between the parties.
Litigation
Resolving a dispute through the court system, where a judge (rather than the parties themselves) ultimately decides the outcome based on legal argument and evidence.
Maintenance (Child / Spousal)
Financial support paid by one party to another — for a child’s upbringing, or to a former spouse — following separation or divorce. Maintenance arrangements can be mediated or determined through the Maintenance Court.
Mediation
A confidential, structured process in which an independent, impartial mediator helps two or more parties communicate, understand their options, and work towards their own agreement. The mediator does not decide the outcome.
PAIA
The Promotion of Access to Information Act — South African legislation giving people the right to request access to information held by public and private bodies, subject to certain conditions.
Parenting Plan
A written agreement between separated or divorced parents setting out arrangements for their children — typically covering living arrangements, contact, and how decisions will be made.
POPIA
The Protection of Personal Information Act — South African legislation setting requirements for how personal information must be collected, used, stored and protected.
Referral Period
A statutory time limit within which a dispute must be formally referred to a body such as the CCMA — for example, unfair-dismissal disputes ordinarily have a 30-day referral period. These deadlines are not automatically paused by informal settlement discussions.
Settlement Agreement
A written agreement recording the terms both parties have agreed to, typically at the end of a successful mediation. Depending on its terms, it may create legally enforceable obligations.
Shareholder Dispute
A disagreement between shareholders or business partners — for example, over decision-making authority, division of profits, or the direction of the business — which can often be addressed through commercial mediation.
Statutory Process
A dispute-resolution or legal process set out in legislation — such as a CCMA referral or a formal SARS objection — with its own rules, timelines and requirements, distinct from voluntary mediation.
Unfair Dismissal
A dismissal that does not meet the legal requirements for fairness under South African labour law, which can be referred to the CCMA within the applicable statutory time limit.
Unfair Labour Practice
Certain other unfair conduct by an employer, distinct from dismissal, defined under South African labour law and referable to the CCMA within its own statutory time limit.
Without Prejudice
A legal principle protecting genuine settlement discussions from being used as evidence later if the matter doesn’t settle — it allows parties to negotiate openly without those discussions counting against them in later proceedings.
Next step
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