by admin | Dec 24, 2012 | Uncategorized
“For to us a child is born
To us a son is given,
And the government will be on His shoulders
And He will be called
Wonderful Counselor, Mighty God,
Everlasting Father, Prince of Peace”
Isaiah
Last week I took a few days off from my beach holiday to go to Gauteng where we had been invited by Jeyax Development and Training to train a group of delegates from Tanzania, amongst whom were three judges from The High Court of Tanzania, Commercial Division, including the Judge in Charge as well as the Registrar. We were also honoured to have amongst the delegates, the head of litigation, Central Bank of Tanzania.
What a week! It was such an honour to be amongst such brilliant legal minds and amongst those who have dealt with compulsory court annexed mediation for almost two decades.
I was also most honoured to have been able to introduce the delegates to Raj Daya, deputy chief state law advisor and head of the Rules Board and Jay Balkishun, principal state law advisor, both of the department of justice and members of the rules board engaged in drafting and finalizing the rules on court annexed mediation. We hgonour the amazing work
they are doing in access to justice.
I will elaborate in coming weeks on some themes explored in that week-access to justice, case management and the role of mediation.
But for now I wish to stick to all things Christmas. It is, after all Christmas Eve. My seven year old son, Luc-Michael has had an amazing week at the beach with his twelve year old cousin, Gemma. They are both sun-kissed, and Luc-Michael, the first one up this morning, has that special magical radiance on his face this morning. It’s Christmas!
On Thursday night we had dinner with my folks in Joburg before we returned to Durban Friday morning. My stepmom, Monica described to me how Luc-Michael had collected a whole bag of shells for me on the beach. I was delighted and couldn’t wait to get back to see him. I was eventually only given 5 shells though. Apparently the rest are intended for retail! That’s my boy…entrepreneurship creates jobs!
I am always honoured when people tell me they have read my blog. But sometimes I get really special feedback. Check this out:
“Hi My Friend,
Simply enjoyed this read!!!!! Absolutely fascinating…..was sitting at salon awaiting to do my hair and came across your mail and just couldn’t put down.
…
Regards
Vuyo”
Vuyo Mthethwa of Hucad, Industrial Psychologist, daughter of former KZN Judge President, vastly experienced mediator and arbitrator and one of my best friends
“Hi Sheena, thank you for your motivating talk. I am inspired by your courage and determination to continue to achieve. You are a real inspiration. There is no way that a person can read your work and not be inspired. Keep up the good work. Do not forget to enjoy your holidays.
I will continue to look out for your continued inspirations.
Butiki”
Butiki Rantso, recent graduate of our Program and Labour Relations Consultant
“Dear Sheena,
Thank you for your impassioned blog. I trust that you are now truly on leave, and that you will only receive this mail in 2013. Nevertheless, your belief in ADR and the motivations touched on in your blog, need to be shared wider in the legal profession.
….
Best
Odette”
Odette Geldenhuys, Director Pro Bono.Org, Durban
“Hi Sheena
Just been reading your blog and want to say-you really are exceptional! May your conviction and ability to influence desparately needed change in an ever maddening world be an inspiration to us all”
Justin Healey, owner Dhermawhey
Those of you who know me and understand the culture of our agency, will know our value for access to justice and also know that we believe that where access to justice is esteemed, excellence in mediation as well as good case management follows as a natural consequence.
We will be addressing wider themes around access to justice and the role of Alternative Dispute Resolution in coming blogs.
Before I go, allow me to leave you with a few thoughts:
“The way things are is not the way things need to be” from Reconciling all Things, Katongole and Rice
and
“To walk fast, walk alone, to walk far, walk together” Old Rwandan saying
These thoughts underpin what we do. Firstly, just because things have been done a certain way for centuries, such as pitting disputants against each other in court, does not mean that things have to be done that way in the future.
Secondly, we can pursue this stuff alone, or we can walk together. We choose the latter. Although we are a for-profit dispute resolution agency, we engage in a lot of activism, and this activism is for the benefit of all engaged in ADR, current and would be disputants, and society as a whole.
Inspired by one of the speeches of the great Martin Luther King we are committed to being transformed non-conformists that creatively apply our faith in fresh, bolds and innovative ways.
Lastly I wish to honour the King who marks this season. I work with people in profound pain be it in divorce, commercial conflict or workplace difficulty. I often find myself telling people
“The entire host of heaven backs you. The King is in your corner.”
I have experienced this myself. I have seen broken places healed, what was lost restored and destruction turned into life and hope.
The favour we experience as an agency is not for me and is not for us (as a company) but is to be stewarded for the wider cause-access to justice for all.
As always, victory is certain! No surrender! No retreat!
Lastly profound thanks to all our trainees, trainers and panellist and a special thanks to
Indarin Govender, Chief Thozama Zibi of the Hlube Tribe and Mike Mcethe of Wits Business School, all trainers with us who took time out last week to join us.
Greshen Chetty, advisor in the Ministry of Treasury for his friendship, support, advice and profound wisdom
Hilton Mundell and Adam Bright of Juiced and our joint venture partners in Transformative Mediation. We thank them for their tireless work in helping us change the world! Our work around honour is largely a product of their commitment and energy
Our board of directors
Andrew McGibbon, friend and partner in DreamCo. He and I are bringing out coffee table book The Influence Project at Easter www.the-influence-project.com @in_fluence. He will be helping us set up our studio in January which will facilitate international quality training videos, our talk show and our you tube channel
If you are reading this I pray life and life abundantly, peace, joy, love and hope.
Until next time, peace.
Please email me at sheena@mediatorsa.co.za and follow me on twitter @sheena_ostjon
For information on our Programs (correspondence or five day workshops) email adr@mediatorsa.co.za.
Happy Christmas!
Sheena Jonker
sheena@mediatorsa.co.za
by admin | Dec 24, 2012 | Uncategorized
“For to us a child is born
To us a son is given,
And the government will be on His shoulders
And He will be called
Wonderful Counselor, Mighty God,
Everlasting Father, Prince of Peace”
Isaiah
Last week I took a few days off from my beach holiday to go toGautengwhere we had been invited by Jeyax Development and Training to train a group of delegates fromTanzania, amongst whom were three judges from The High Court of Tanzania, Commercial Division, including the Judge in Charge as well as the Registrar. We were also honoured to have amongst the delegates, the head of litigation, Central Bank ofTanzania.
What a week! It was such an honour to be amongst such brilliant legal minds and amongst those who have dealt with compulsory court annexed mediation for almost two decades.
I was also most honoured to have been able to introduce the delegates to Raj Daya, deputy chief state law advisor and head of the Rules Board and Jay Balkishun, principal state law advisor, both of the department of justice and members of the rules board engaged in drafting and finalizing the rules on court annexed mediation. We hgonour the amazing work
they are doing in access to justice.
I will elaborate in coming weeks on some themes explored in that week-access to justice, case management and the role of mediation.
But for now I wish to stick to all things Christmas. It is, after all Christmas Eve. My seven year old son, Luc-Michael has had an amazing week at the beach with his twelve year old cousin, Gemma. They are both sun-kissed, and Luc-Michael, the first one up this morning, has that special magical radiance on his face this morning. It’s Christmas!
On Thursday night we had dinner with my folks in Joburg before we returned toDurbanFriday morning. My stepmom, Monica described to me how Luc-Michael had collected a whole bag of shells for me on the beach. I was delighted and couldn’t wait to get back to see him. I was eventually only given 5 shells though. Apparently the rest are intended for retail! That’s my boy…entrepreneurship creates jobs!
I am always honoured when people tell me they have read my blog. But sometimes I get really special feedback. Check this out:
“Hi My Friend,
Simply enjoyed this read!!!!! Absolutely fascinating…..was sitting at salon awaiting to do my hair and came across your mail and just couldn’t put down.
…
Regards
Vuyo”
Vuyo Mthethwa of Hucad, Industrial Psychologist, daughter of former KZN Judge President, vastly experienced mediator and arbitrator and one of my best friends
“Hi Sheena, thank you for your motivating talk. I am inspired by your courage and determination to continue to achieve. You are a real inspiration. There is no way that a person can read your work and not be inspired. Keep up the good work. Do not forget to enjoy your holidays.
I will continue to look out for your continued inspirations.
Butiki”
Butiki Rantso, recent graduate of our Program and Labour Relations Consultant
“Dear Sheena,
Thank you for your impassioned blog. I trust that you are now truly on leave, and that you will only receive this mail in 2013. Nevertheless, your belief in ADR and the motivations touched on in your blog, need to be shared wider in the legal profession.
….
Best
Odette”
Odette Geldenhuys, Director Pro Bono.Org, Durban
“Hi Sheena
Just been reading your blog and want to say-you really are exceptional! May your conviction and ability to influence desparately needed change in an ever maddening world be an inspiration to us all”
Justin Healey, owner Dhermawhey
Those of you who know me and understand the culture of our agency, will know our value for access to justice and also know that we believe that where access to justice is esteemed, excellence in mediation as well as good case management follows as a natural consequence.
We will be addressing wider themes around access to justice and the role of Alternative Dispute Resolution in coming blogs.
Before I go, allow me to leave you with a few thoughts:
“The way things are is not the way things need to be” from Reconciling all Things, Katongole and Rice
and
“To walk fast, walk alone, to walk far, walk together” Old Rwandan saying
These thoughts underpin what we do. Firstly, just because things have been done a certain way for centuries, such as pitting disputants against each other in court, does not mean that things have to be done that way in the future.
Secondly, we can pursue this stuff alone, or we can walk together. We choose the latter. Although we are a for-profit dispute resolution agency, we engage in a lot of activism, and this activism is for the benefit of all engaged in ADR, current and would be disputants, and society as a whole.
Inspired by one of the speeches of the great Martin Luther King we are committed to being transformed non-conformists that creatively apply our faith in fresh, bolds and innovative ways.
Lastly I wish to honour the King who marks this season. I work with people in profound pain be it in divorce, commercial conflict or workplace difficulty. I often find myself telling people
“The entire host of heaven backs you. The King is in your corner.”
I have experienced this myself. I have seen broken places healed, what was lost restored and destruction turned into life and hope.
The favour we experience as an agency is not for me and is not for us (as a company) but is to be stewarded for the wider cause-access to justice for all.
As always, victory is certain! No surrender! No retreat!
Lastly profound thanks to all our trainees, trainers and panellist and a special thanks to
Indarin Govender, Chief Thozama Zibi of the Hlube Tribe and Mike Mcethe of Wits Business School, all trainers with us who took time out last week to join us.
Greshen Chetty, advisor in the Ministry of Treasury for his friendship, support, advice and profound wisdom
Hilton Mundell and Adam Bright of Juiced and our joint venture partners in Transformative Mediation. We thank them for their tireless work in helping us change the world! Our work around honour is largely a product of their commitment and energy
Our board of directors
Andrew McGibbon, friend and partner in DreamCo. He and I are bringing out coffee table book The Influence Project at Easter www.the-influence-project.com @in_fluence. He will be helping us set up our studio in January which will facilitate international quality training videos, our talk show and our you tube channel
If you are reading this I pray life and life abundantly, peace, joy, love and hope.
Until next time, peace.
Please email me at sheena@mediatorsa.co.za and follow me on twitter @sheena_ostjon
For information on our Programs (correspondence or five day workshops) email adr@mediatorsa.co.za.
Happy Christmas!
Sheena Jonker
sheena@mediatorsa.co.za
by admin | Dec 12, 2012 | Uncategorized
Holla! I blog in peace.
It has been a busy year and I have taken a few days “off” at our family cottage in Salt Rock with my seven year old son, Luc-Michael, my niece, Gemma and my parents and one of my (four!!!!) brothers. We will be joined later this week by my husband, Mike and two of my brothers. My baby brother is currently living it up inNew York Cityfor the Christmas Holidays. Any single ladies under thirty follow him on twitter @seanost. Don’t tell him I gave you his handle! My beautiful twelve year old daughter Che’ is also in theUSAfor the holidays, with her father, my ex-husband. She is loving the snow.
Allow me to start off on an impressive note. I joined a swimming squad for the holidays to keep up my training, and because I am doing Open Water champs on Sunday. Oh yes, and because I am THAT committed….to chocolate. Boom!
Plans this morning to go and train and then go snorkelling were thwarted by a flooded pool and an angry sea post last night’s Frankenstorm. People still just don’t get that Gangnam Style is a giant raindance and that it should be stopped!
But I blog this morning over more serious issues, and I blog in peace. Peace in a storm is the beginning of victory, and peace accessed through courage disarms the enemy. So what is the enemy? My estimation is that the enemy is anything or anyone that perverts or thwarts access to justice.
Please hear me, this blog is not intended to stand as pseudo-academic research, neither does it necessarily mirror the stance we take in our Programs or what we teach our mediators. However it is a powerful platform for contemplation and for building on what we know and have learnt.
I should be relaxing and taking some down time, but before I do this, I need to get something off my chest. Something seriously significant!
We all know court is a contest, right? We know that the win is largely based on the genius (or lack thereof) of lawyers, right? This means that access to justice can be quite closely associated with levels of affordability.
However, it gets worse, disputants (the state, victims, offenders, plaintiff’s, defendant’s and so on) are being shut down. They are being silenced!
That’s crazy, Sheena, what do you mean?
I mean this, in court, testimony (yes, that’s people’s stories) is clinically filtered through artificial rules of admissibility. For example, just because something is hearsay does not mean it is inherently not true. Yes, it may be unreliable, but not necessarily inherently so. Yet judicial officers apply the rule of admissibility expansively and shut down evidence before it is even heard and it may be that other evidence may stack up in corroboration. It may also be that the evidence, although it may not necessarily true affected a party’s perception. Evidence is disallowed and blocked left right and centre and people are not authentically telling their stories. How can this possibly be the best platform for access to justice?
In contemplating this I researched the origin of rules of admissibility and my preliminary research seems to indicate that artificial inadmissibility rules or evidence were designed for systems presided over by juries-yes, lay people. A free system of evidence should apply to matters presided over by judicial officers schooled in the law. Yes, people should tell their stories as fully and as authentically as possible and the issue should be weight rather than admissibility. In other words the judge applies his or her mind to all the evidence as a whole and then makes an assessment on what does and does not stack up.
One of the corner stones of a fair trial is the right to be heard, to tell your story (your testimony)
This is a big fight, one I am prepared to take up. And I am doing just that. I will write about this more fully in the future.
In the meantime, it bolsters our view that mediation is a powerful platform and a more appropriate one for access to justice. This is where people get to tell their stories, this is where forgiveness, restoration, restitution and collaboration takes place. This is an access point to commence the process of stopping damaging cycles that simply spiral individuals downwards into a perpetual win-lose (which most often looks more like lose-lose) situation.
This insanity must stop! Help us take up the cause of Alternative Dispute Resolution. Together we can make justice look more how it should look.
To join one of our Programs, please ask for an information pack by sending an email to adr@mediatorsa.co.za. 2012 fees apply to 15 December.
To join our panel please email us on info@mediatorsa.co.za
Please sign up for regular updates by subscribing to our newsletter.
To engage with me please email sheena@mediatorsa.co.za or follow me on Twitter @sheena_ostjon.
I had an amazing meeting with the Minister of Traditional Affairs last week and we are set to make representations to the House of Traditional Leaders in Parliament. I honour and thank Chief Zibi of the Hlube tribe for assisting us in this.
We have for judges coming out fromTanzanianext week and we will be training them in Commercial Dispute Resolution and helping them to address challenges they are having in their country. We honour and thank Jemima Kariri of Jeyax for providing this platform.
My colleagues and I also have meetings with Ethiopian authorities next week and I am waiting for confirmation on a meeting with one of my personal heroes, George Bizos.
Enjoy your holiday if you are taking one. Savour the magic of this time. You will no doubt hear from me again before Christmas.
Until then, please know that nothing will deter us from contending for peace and access to justice for all. Victory is certain.
Later! Peace!
Regards
Sheena Jonker
sheena@mediatorsa.co.za
by admin | Dec 11, 2012 | Uncategorized
Holla! I blog in peace.
It has been a busy year and I have taken a few days “off” at our family cottage in Salt Rock with my seven year old son, Luc-Michael, my niece, Gemma and my parents and one of my (four!!!!) brothers. We will be joined later this week by my husband, Mike and two of my brothers. My baby brother is currently living it up inNew York Cityfor the Christmas Holidays. Any single ladies under thirty follow him on twitter @seanost. Don’t tell him I gave you his handle! My beautiful twelve year old daughter Che’ is also in theUSAfor the holidays, with her father, my ex-husband. She is loving the snow.
Allow me to start off on an impressive note. I joined a swimming squad for the holidays to keep up my training, and because I am doing Open Water champs on Sunday. Oh yes, and because I am THAT committed….to chocolate. Boom!
Plans this morning to go and train and then go snorkelling were thwarted by a flooded pool and an angry sea post last night’s Frankenstorm. People still just don’t get that Gangnam Style is a giant raindance and that it should be stopped!
But I blog this morning over more serious issues, and I blog in peace. Peace in a storm is the beginning of victory, and peace accessed through courage disarms the enemy. So what is the enemy? My estimation is that the enemy is anything or anyone that perverts or thwarts access to justice.
Please hear me, this blog is not intended to stand as pseudo-academic research, neither does it necessarily mirror the stance we take in our Programs or what we teach our mediators. However it is a powerful platform for contemplation and for building on what we know and have learnt.
I should be relaxing and taking some down time, but before I do this, I need to get something off my chest. Something seriously significant!
We all know court is a contest, right? We know that the win is largely based on the genius (or lack thereof) of lawyers, right? This means that access to justice can be quite closely associated with levels of affordability.
However, it gets worse, disputants (the state, victims, offenders, plaintiff’s, defendant’s and so on) are being shut down. They are being silenced!
That’s crazy, Sheena, what do you mean?
I mean this, in court, testimony (yes, that’s people’s stories) is clinically filtered through artificial rules of admissibility. For example, just because something is hearsay does not mean it is inherently not true. Yes, it may be unreliable, but not necessarily inherently so. Yet judicial officers apply the rule of admissibility expansively and shut down evidence before it is even heard and it may be that other evidence may stack up in corroboration. It may also be that the evidence, although it may not necessarily true affected a party’s perception. Evidence is disallowed and blocked left right and centre and people are not authentically telling their stories. How can this possibly be the best platform for access to justice?
In contemplating this I researched the origin of rules of admissibility and my preliminary research seems to indicate that artificial inadmissibility rules or evidence were designed for systems presided over by juries-yes, lay people. A free system of evidence should apply to matters presided over by judicial officers schooled in the law. Yes, people should tell their stories as fully and as authentically as possible and the issue should be weight rather than admissibility. In other words the judge applies his or her mind to all the evidence as a whole and then makes an assessment on what does and does not stack up.
One of the corner stones of a fair trial is the right to be heard, to tell your story (your testimony)
This is a big fight, one I am prepared to take up. And I am doing just that. I will write about this more fully in the future.
In the meantime, it bolsters our view that mediation is a powerful platform and a more appropriate one for access to justice. This is where people get to tell their stories, this is where forgiveness, restoration, restitution and collaboration takes place. This is an access point to commence the process of stopping damaging cycles that simply spiral individuals downwards into a perpetual win-lose (which most often looks more like lose-lose) situation.
This insanity must stop! Help us take up the cause of Alternative Dispute Resolution. Together we can make justice look more how it should look.
To join one of our Programs, please ask for an information pack by sending an email to adr@mediatorsa.co.za. 2012 fees apply to 15 December.
To join our panel please email us on info@mediatorsa.co.za
Please sign up for regular updates by subscribing to our newsletter.
To engage with me please email sheena@mediatorsa.co.za or follow me on Twitter @sheena_ostjon.
I had an amazing meeting with the Minister of Traditional Affairs last week and we are set to make representations to the House of Traditional Leaders in Parliament. I honour and thank Chief Zibi of the Hlube tribe for assisting us in this.
We have for judges coming out fromTanzanianext week and we will be training them in Commercial Dispute Resolution and helping them to address challenges they are having in their country. We honour and thank Jemima Kariri of Jeyax for providing this platform.
My colleagues and I also have meetings with Ethiopian authorities next week and I am waiting for confirmation on a meeting with one of my personal heroes, George Bizos.
Enjoy your holiday if you are taking one. Savour the magic of this time. You will no doubt hear from me again before Christmas.
Until then, please know that nothing will deter us from contending for peace and access to justice for all. Victory is certain.
Later! Peace!
Regards
Sheena Jonker
sheena@mediatorsa.co.za
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