Here are four must-know points about CCMA conciliation
You, your employee and a presiding Commissioner attend the CCMA conciliation process and this process is less formal.
A conciliation Commissioner mediates the dispute. He basically conducts a fact-finding exercise and he makes recommendations to you and your employee.
The conciliation process normally begins with opening statements from each party, in which each side gives details of their respective cases and they specify what outcome they want.
That's not all you need to know about CCMA conciliation.
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Three additional points you need to know about CCMA conciliation
You're not bound by any admission or statement you make during the process and you're not bound to reach a settlement.
You must never allow the Commissioner to browbeat you or to try to force you to reach settlement. These proceedings are without prejudice, i.e. nothing said can be used against either party at a later stage.
If CCMA conciliation fails, the dispute goes to arbitration.
According to the report CCMA for Managers
, a greater proportion of dismissal disputes referred for conciliation do in fact go forward to arbitration or adjudication.
The advantage of settlement at conciliation is it makes for a win/win situation, whereas settlement at arbitration leaves only one winner and one dissatisfied party – somebody always loses.
Knowing these points about CCMA conciliation
will help you handle the process of dispute resolution in a legal and effective manner.