Chapter 1 Flashcards
Which of the following is a conflict resolution theory that suggests five strategies to deal with conflict?
a) Interest-Based Relational (IBR) Approach b) Thomas-Kilmann Conflict Mode Instrument (TKI) c) Arbitration Act 42 of 1965 d) Alternative Dispute Resolution (ADR)
Answer: b) Thomas-Kilmann Conflict Mode Instrument (TKI)
What does Section 34 of the Constitution of the Republic of South Africa, 1996 guarantee?
a) The right to mediation and arbitration b) The right to alternative dispute resolution c) The right to access justice through fair public hearings d) The right to enforce arbitration awards
Answer: c) The right to access justice through fair public hearings
Which of the following is NOT a challenge faced by civil litigation in South Africa?
a) High costs b) Quick and efficient resolution of cases c) Heavy caseloads d) Insufficient financial and human resources
Answer: b) Quick and efficient resolution of cases
Alternative Dispute Resolution (ADR) is a collective term for:
a) The formal litigation process b) Various methods used to resolve disputes with the help of a third party c) Statutory laws governing criminal justice d) The process of filing lawsuits in the court system
Answer: b) Various methods used to resolve disputes with the help of a third party
Who is known as the “father of ADR”?
a) Thomas Kilmann b) Frank Sander c) Brand, Steadman & Todd d) Chief Justice of South Africa
Answer: b) Frank Sander
What was Frank Sander’s key contribution to ADR?
a) Establishing the CCMA b) Introducing the concept of a “multi-door courthouse” c) Drafting the Arbitration Act of 1965 d) Guaranteeing access to justice in the Constitution
Answer: b) Introducing the concept of a “multi-door courthouse”
Which Act regulates private arbitrations in South Africa?
a) Arbitration Act 42 of 1965 b) International Arbitration Act 15 of 2017 c) Labour Relations Act 55 of 1995 d) The South African Constitution
Answer: a) Arbitration Act 42 of 1965
What does the International Arbitration Act 15 of 2017 regulate?
a) Domestic arbitration only b) All international arbitrations seated in South Africa c) Mediation and conciliation of labour disputes d) The appointment of judges for ADR cases
Answer: b) All international arbitrations seated in South Africa
Which body was established to facilitate conciliation, mediation, and arbitration in labour disputes?
a) The South African Supreme Court b) The Department of Justice c) The Commission for Conciliation Mediation and Arbitration (CCMA) d) The South African Human Rights Commission
Answer: c) The Commission for Conciliation Mediation and Arbitration (CCMA)
The ______________ Conflict Mode Instrument (TKI) suggests five strategies to handle conflict.
Answer: Thomas-Kilmann
Section ______ of the Constitution guarantees the right to access justice through fair public hearings.
Answer: 34
ADR stands for _______________.
Answer: Alternative Dispute Resolution
ADR is a process where an independent and impartial ___________ or ___________ assists parties in resolving disputes.
Answer: mediator, arbitrator
Frank Sander introduced the concept of a _______________ courthouse to provide alternative dispute resolution mechanisms.
Answer: multi-door.
The ______________ Act of 1965 regulates private arbitration in South Africa.
Answer: Arbitration
The International Arbitration Act ______ of ______ governs all international arbitrations in South Africa.
Answer: 15, 2017
The _____________ was established to ensure fast and simple resolution of labour disputes outside the formal court system.
Answer: CCMA (Commission for Conciliation Mediation and Arbitration)
The Labour Relations Act 55 of ______ introduced conciliation and mediation in labour disputes.
Answer: 1995
ADR is often considered more __________, __________, and __________ compared to litigation.
Answer: cost-effective, flexible, confidential
Explain the difference between litigation and ADR.
Answer: Litigation is the process of resolving disputes in court through legal proceedings, whereas ADR involves alternative methods such as mediation and arbitration, which are typically more cost-effective, flexible, and confidential.
Why is ADR considered a solution to the challenges faced by the South African court system?
Answer: ADR alleviates the pressure on courts by providing alternative dispute resolution mechanisms, reducing caseloads, and offering faster, more affordable dispute resolution options.
What are the advantages of using ADR instead of litigation?
Answer: ADR is generally faster, less expensive, confidential, and allows for flexible and mutually agreeable solutions.
What role does the CCMA play in dispute resolution?
Answer: The CCMA facilitates conciliation, mediation, and arbitration for labour disputes in South Africa, helping resolve conflicts outside of formal court processes.
Describe the concept of a multi-door courthouse.
Answer: The multi-door courthouse is a concept introduced by Frank Sander where different dispute resolution methods are available to suit the nature of the conflict, rather than relying solely on litigation.
