SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Establish basic principles of evidence in mediation 
SAQA US ID UNIT STANDARD TITLE
119952  Establish basic principles of evidence in mediation 
ORIGINATOR
SGB Human Resource Management and Practices 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Human Resources 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
The learner credited with this unit standard will have working knowledge and understanding of the basic principles of evidence, in dispute resolution, in terms of South African Labour Legislation and/or recognised dispute resolution procedures in a bargaining council collective agreement and/or private agency.

The qualifying learner will be able to:
  • Describe the relevance and admissibility of evidence.
  • Apply an understanding of character and privileged evidence.
  • Apply an understanding of similar fact evidence.
  • Apply knowledge of and insight into opinion evidence.
  • Describe the categories and reliability of evidence.
  • Apply knowledge and insight into hearsay evidence. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF Level 4 or equivalent. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Describe the relevance and admissibility of evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The rationale for excluding irrelevant and unreliable evidence for mediation is presented to clarify notions of evidence. 

    ASSESSMENT CRITERION 2 
    The meaning of relevance and the determination of relevance are both specified to determine the admissibility of evidence. 

    ASSESSMENT CRITERION 3 
    The implications of using manufactured and fabricated evidence in mediation is discussed. 

    ASSESSMENT CRITERION 4 
    The doctrine of precedent for mediation is explained in written form. 

    ASSESSMENT CRITERION 5 
    The concept of prejudicial effect for mediation is outlined and presented. 

    ASSESSMENT CRITERION 6 
    The concepts of standard of proof and onus of proof for mediation are discussed and recorded in a "reality-testing" report. 

    SPECIFIC OUTCOME 2 
    Apply an understanding of character and privileged evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The admissibility of character evidence for mediation is discussed and recorded. 

    ASSESSMENT CRITERION 2 
    The weighting of admissible character evidence for mediation is discussed and recorded. 

    ASSESSMENT CRITERION 3 
    The exclusion of character evidence in mediation is discussed and recorded. 

    ASSESSMENT CRITERION 4 
    The concept of privileged evidence, as shared between attorney and client, is explained in relation to the mediation process. 

    SPECIFIC OUTCOME 3 
    Apply an understanding of similar fact evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The rationale of exclusion of similar fact evidence is explained in a discussion document. 

    ASSESSMENT CRITERION 2 
    The formulation for the rule for determining the admissibility of similar fact evidence in mediation is produced and presented. 

    ASSESSMENT CRITERION 3 
    The test of coincidence is outlined and presented. 

    SPECIFIC OUTCOME 4 
    Apply knowledge and insight into opinion evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The basis of the "opinion rule" is established and elaborated in written form. 

    ASSESSMENT CRITERION 2 
    The admissibility of opinion or "expert witness" evidence is described for its merits. 

    SPECIFIC OUTCOME 5 
    Describe the categories and reliability of evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of oral evidence is defined and elaborated in written form. 

    ASSESSMENT CRITERION 2 
    The concept of real evidence is explained in a presentation. 

    ASSESSMENT CRITERION 3 
    The concept of documentary evidence is summarised for its advantages and disadvantages. 

    ASSESSMENT CRITERION 4 
    An opinion on the reliability of evidence for mediation processes is argued in written form. 

    SPECIFIC OUTCOME 6 
    Apply knowledge and insight regarding hearsay evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of hearsay evidence is described with examples. 

    ASSESSMENT CRITERION 2 
    The reasons why such evidence is not acceptable for mediation processes are presented. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • This Unit standard will be internally assessed by the provider and moderated by a moderator registered by a relevant accredited ETQA or an ETQA that has a Memorandum of Understanding with the relevant accredited ETQA.
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Evidence gathering and analysis. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Problem identification and solution in creative ways will be developed when determining similar fact evidence for exclusion, and when determining the role of coincidence in similar fact evidence. 

    UNIT STANDARD CCFO ORGANISING 
    Organising and managing self within the context of evidence gathering. 

    UNIT STANDARD CCFO COLLECTING 
  • Critically collecting, evaluating and analysing information when determining the admissibility of character evidence, and when determining the reliability of evidence.
  • A systemic approach to the analysis of evidence. 

  • UNIT STANDARD CCFO SCIENCE 
    Use science and technology effectively and critically, when recording evidence findings. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contribute to the full personal development of each learner and the social and economic development of the society at large, by making it the underlying intention of any programme of learning to make an individual aware of the importance of being culturally and aesthetically sensitive across a range of social contexts when managing cases. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.