Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules regulating the Practice and Procedure for Resolving Disputes10. Pre-arbitration Conference of Parties |
| 1) | By agreement between the parties or when so directed by the director or a senior commissioner the parties to the proceedings must hold a pre-arbitration conference dealing with the matters referred to in rule 10.2. |
| 2) | In a pre-arbitration conference the parties must attempt to reach consensus on the following: |
| a) | Any means by which the dispute may be settled; |
| b) | facts that are common cause; |
| c) | facts that are in dispute; |
| d) | the issue/s that the Commission is required to decide; |
| e) | the precise relief claimed and, if compensation is claimed, the amount of the compensation and how it is calculated; |
| f) | the sharing and exchange of relevant documents, and the preparation of a bundle of documents in chronological order with each page numbered; |
| g) | the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence of what they appear to be; |
| h) | whether evidence on affidavit will be admitted with or without the right of any party to cross-examine the person who made the affidavit; |
| i) | which party must begin; |
| j) | the necessity for any on-the-spot inspection; |
| k) | securing the presence at the Commission of any witness; |
| l) | the resolution of any preliminary points that are intended to be taken; |
| m) | the exchange of witness statements; |
| n) | expert evidence; |
| o) | any other means by which the proceedings may be shortened; |
| p) | an estimate of the time required for the hearing; |
| q) | the right of representation; and |
| r) | whether an interpreter is required and, if so, for how long and for which languages. |
| 3) | If a matter has not been settled, the parties must draw up and sign a minute dealing with the matters set out in rule 10.2. |
| 4) | The party who referred the dispute must ensure that a copy of the pre-arbitration conference minute is delivered to the appointed commissioner within five days of the conclusion of the pre-arbitration conference. |