Blog

How dare we condemn some of the cruelty and not all of it?

  The horse-racing protests at Fairview and how we think about protest. I recently wrote about the Clicks protests and how the EFF was disturbing the ‘peace’ and revealing and confronting the folly of the idea of and insistence on ‘law and order’ in a deeply unjust...

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Balancing the warrior and the healer

  Earlier this week I wrote about the EFF call to action and insuring protests in the wake of the racist hair advert published by Clicks and its partners. In order to get to true peace where justice is present, it may be necessary to disturb the peace or the folly of...

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Disturbing the ‘peace’. The EFF is leading the way.

  We are in a global space of struggle that threatens the core of capitalism and its various racialised manifestations not least of which is the boot on the neck of the black majority in South Africa where labour potential is sold to the quintessential lowest bidder...

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A case for mediation in divorce

  I THOUGHT WE SHOULD TALK A case for mediation in divorce By Sheena Jonker ‘I charge 950 dollars an hour. Ted over there will be assisting in your divorce. He charges 400 dollars an hour. You got stupid questions, you call Ted’ From Marriage Story I had been sick...

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Restorative Justice, State Capture and Corruption

  Are we having the right conversation? Are we thinking about this in the right way? Remedial work requires right thinking, right seeing, right speaking and right action. In mediating conflict I often find myself saying to parties ‘are you seeing this in the right...

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The Mediation Space and the Mediation Stance

  Introduction I’m going to be spending a little time talking about the space within which we mediate and the stance, or the inner posture that the mediator brings with them. The Mediation Space Although Mediation is presented as an alternative to law and litigation,...

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Grappling with what it means to be human (for mediators)

As mediators we need to grapple and tussle with what it means to be human. This means wrestling with fear, courage or lack of courage and ongoing self-interrogation. Dr Cornel West, in his lecture, ‘What it Means to be Human’[i] references Plato’s ‘Apology’: the...

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LOCKDOWN-RELATED DISPUTES AND THE ROLE OF ADR

As expected, we are starting to experience an influx of lockdown-related disputes. Here are some of the areas in which we are starting to apply mediated approaches: Renegotiating the terms of commercial agreements like commercial leases as well as various service...

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ADR, HUMAN RIGHTS AND COVID-19

Dear friends I greet you all in peace and hope that your Easter Weekend or whatever it is that you observe or don’t observe, has been a happy one. Many have raised with me the fear of an emerging totalitarianism and/or authoritarianism accompanied by loss of civil...

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