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 THAT HAS PASSED THE END DATE: 

Execute legal administrative and alternative dispute resolution procedures 
SAQA US ID UNIT STANDARD TITLE
116091  Execute legal administrative and alternative dispute resolution procedures 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 7  Level TBA: Pre-2009 was L7  4 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2026-06-30   2029-06-30  

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 
This unit standard is aimed at understanding dispute resolution through the approaches of negotiation, conciliation, mediation and arbitration.

The qualifying learner will be able to:
  • Execute legal administrative and alternative dispute resolution procedures.
  • Describe alternative dispute resolutions.
  • Explain the principles of negotiation.
  • Explain mediation and conciliation.
  • Describe arbitration. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners registering for this unit standard will have demonstrated competence in legal knowledge at NQF level 7 as contained in a recognised law degree like B Proc or LLB or any other qualification recognised as equivalent to such a law degree in terms of legislation as indicated in the notes to the qualification. This assumed learning is listed in paragraph 4 of the qualification "Post graduate certificate in Attorneys Practice". 

    UNIT STANDARD RANGE 
    Range statements are included with specific outcomes as necessary. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Execute legal administrative and alternative dispute resolution procedures. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Define social conflict. 

    ASSESSMENT CRITERION 2 
    Indicate the basic approaches to disputes, with reference to negotiations, adjudication, coercion and withdrawal. 

    ASSESSMENT CRITERION 3 
    Advise clients of various dispute resolution processes and assist them in choosing the most appropriate in a given context. 

    ASSESSMENT CRITERION 4 
    Apply the relevant principles of the chosen resolution process. 

    ASSESSMENT CRITERION 5 
    Draft a mediation agreement and a memorandum of understanding. 

    ASSESSMENT CRITERION 6 
    Draft an arbitration clause in an agreement. 

    ASSESSMENT CRITERION 7 
    Interact with others on behalf of clients in reaching appropriate settlements and agreements. 

    SPECIFIC OUTCOME 2 
    Describe alternative dispute resolutions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain appropriate dispute resolutions. 

    ASSESSMENT CRITERION 2 
    List criticisms often leveled against the traditional court system. 

    ASSESSMENT CRITERION 3 
    Indicate the objectives (goals) of alternative dispute resolution. 

    ASSESSMENT CRITERION 4 
    Explain the advantages of alternative dispute resolutions processes over litigation. 

    ASSESSMENT CRITERION 5 
    List and compare the various methods of alternative dispute resolution. 

    SPECIFIC OUTCOME 3 
    Explain the principles of negotiation. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Define negotiation. 

    ASSESSMENT CRITERION 2 
    List the pre - requisites for successful negotiations. 

    ASSESSMENT CRITERION 3 
    Know when negotiation is appropriate and what successful negotiating requires. 

    SPECIFIC OUTCOME 4 
    Explain mediation and conciliation. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Define mediation, conciliation and the roles of the mediator and conciliator. 

    ASSESSMENT CRITERION 2 
    Explain the "rules" of mediation. 

    ASSESSMENT CRITERION 3 
    List the steps in mediation. 

    ASSESSMENT CRITERION 4 
    Indicate the circumstances that favour mediation. 

    ASSESSMENT CRITERION 5 
    Indicate when mediation will not be appropriate. 

    ASSESSMENT CRITERION 6 
    Draft, based on a set of facts, a mediation agreement and a memorandum of understanding. 

    SPECIFIC OUTCOME 5 
    Describe arbitration. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Define arbitration and list its essential characteristics. 

    ASSESSMENT CRITERION 2 
    Explain the rules for expedited arbitration. 

    ASSESSMENT CRITERION 3 
    Indicate which issues should be discussed at a preliminary hearing. 

    ASSESSMENT CRITERION 4 
    Draft an arbitration clause in an agreement. 

    ASSESSMENT CRITERION 5 
    Apply the Arbitration Act, 42 of 1965. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO by SAQA.
  • The POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO.
  • Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.
  • Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the POSLEC SETA ETQA AND / OR ANY OTHER BODY WITH WHOM A MOU WAS ENTERED INTO. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Demonstrated knowledge and understanding:
  • The nature and functioning of legal organizations and the legal system.
  • Ethical and professional conduct.
  • Problem solving techniques.
  • Values such as fairness, justice, accountability, etc. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Personal development 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems. 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation or community. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to the personal development of learners and the society and economy, by being culturally sensitive and by participating as responsible citizens in the life of local, national and global communities. 

    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
    Elective  48920   National Certificate: Attorneys Practice  Level 7  NQF Level 07  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    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.
     
    1. LAW SOCIETY OF SOUTH AFRICA 


    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.