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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply legal administrative and alternative dispute resolution procedures in a paralegal context 
SAQA US ID UNIT STANDARD TITLE
119506  Apply legal administrative and alternative dispute resolution procedures in a paralegal context 
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 5  Level TBA: Pre-2009 was L5  10 
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 who achieves this unit standard will be able to apply dispute resolution through the approaches of negotiation, conciliation, mediation and arbitration in a paralegal context.

The qualifying learner will be able to:
  • Apply legal administrative and alternative dispute resolution procedures in a paralegal context.
  • Describe alternative dispute resolutions.
  • Apply the principles of negotiation.
  • Apply the principles of mediation and conciliation.
  • Apply the principles of arbitration.
  • Refer a client to an appropriate practitioner outside the paralegal context. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The learner accessing this unit standard is assumed to have the ability to:
  • Communicate at NQF level 4
  • Apply numeracy skills at NQF level 4 

  • UNIT STANDARD RANGE 
    The scope of this unit standard is limited by legislation and regulation which defines where and on what matters paralegals may represent clients.

    Application is limited to a specific area of law or paralegal sector that the learner has a critical understanding of. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Apply legal administrative and alternative dispute resolution procedures in a paralegal context. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of social conflict is defined. 

    ASSESSMENT CRITERION 2 
    Basic approaches to disputes are indicated, with reference to negotiations, adjudication, coercion and withdrawal. 

    ASSESSMENT CRITERION 3 
    Clients are advised on various dispute resolution processes and assisted in choosing the most appropriate in a given context. 

    ASSESSMENT CRITERION 4 
    Relevant principles of the chosen resolution process are applied. 

    ASSESSMENT CRITERION 5 
    A mediation agreement and a memorandum of understanding are drafted. 

    ASSESSMENT CRITERION 6 
    An arbitration clause in an agreement is drafted. 

    ASSESSMENT CRITERION 7 
    Settlements and agreements are reached through interaction with others on behalf of clients. 

    SPECIFIC OUTCOME 2 
    Describe alternative dispute resolutions. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Appropriate dispute resolutions are explained. 

    ASSESSMENT CRITERION 2 
    Criticisms often leveled against the traditional court system are listed. 

    ASSESSMENT CRITERION 3 
    Objectives (goals) of alternative dispute resolution are indicated. 

    ASSESSMENT CRITERION 4 
    Advantages of alternative dispute resolutions processes over litigation are discussed. 

    ASSESSMENT CRITERION 5 
    Various methods of alternative dispute resolution are listed and compared. 

    SPECIFIC OUTCOME 3 
    Apply the principles of negotiation in a paralegal context. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of negotiation is defined. 

    ASSESSMENT CRITERION 2 
    Pre-requisites for successful negotiations are listed. 

    ASSESSMENT CRITERION 3 
    Negotiation is appropriately and successfully applied. 

    SPECIFIC OUTCOME 4 
    Apply the principles of mediation and conciliation in a paralegal context. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Mediation, conciliation and the roles of the mediator and conciliator are defined. 

    ASSESSMENT CRITERION 2 
    "Rules" of mediation are explained. 

    ASSESSMENT CRITERION 3 
    Aspects in mediation are applied in sequence. 

    ASSESSMENT CRITERION 4 
    Circumstances that favour mediation are indicated. 

    ASSESSMENT CRITERION 5 
    Inappropriate circumstances for mediation are indicated. 

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

    SPECIFIC OUTCOME 5 
    Apply the principles of arbitration in a paralegal context. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept of arbitration is defined and its essential characteristics listed. 

    ASSESSMENT CRITERION 2 
    The rules for expedited arbitration are explained. 

    ASSESSMENT CRITERION 3 
    Issues required at a preliminary hearing are indicated. 

    ASSESSMENT CRITERION 4 
    An arbitration clause in an agreement is drafted. 

    ASSESSMENT CRITERION 5 
    The Arbitration Act, 42 of 1965 is applied. 

    SPECIFIC OUTCOME 6 
    Refer a client to an appropriate practitioner outside the paralegal context. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The kinds of information or assistance which clients may require are identified. 

    ASSESSMENT CRITERION 2 
    Instances when the client's situation does not apply to their area of expertise are established. 

    ASSESSMENT CRITERION 3 
    Suitable practitioners to assist the client are identified. 

    ASSESSMENT CRITERION 4 
    Reasons for a referral and the suitability of another practitioner are explained. 

    ASSESSMENT CRITERION 5 
    The client is referred using verbal or written communication. 

    ASSESSMENT CRITERION 6 
    A confidential record of client interaction is maintained. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Moderation must include both internal and external moderation of assessments. Moderation of assessments will be overseen by the relevant ETQA according to the moderation guidelines and agreed ETQA procedures. This unit standard can be internally assessed by assessors of the provider and moderated by a moderator registered by the relevant ETQA. Moderation shall comply with SAQA requirements.

    Anyone assessing a learner or moderating the assessment of a learner against this unit standard must be registered as an assessor with the relevant ETQA. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The learner will be able to demonstrate an understanding of:
  • Relevant legislation including but not limited to the Arbitration Act 42 of 1965.
  • Principles of negotiation, mediation, conciliation and arbitration.
  • Procedural steps and rules for instituting all forms of Alternative Dispute Resolution.
  • Relevant institutions.
  • Alternative Dispute Resolution techniques and drafting methodologies. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems by exploring legal and non-legal solutions and maintaining ethical and professional standards. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, organisation or as a role-player in the legal fraternity. 

    UNIT STANDARD CCFO COMMUNICATING 
  • Communicate effectively in writing and orally to institute alternative dispute resolution and draft agreements.
  • Discuss alternative dispute resolution in relation to other forms of dispute resolution. 

  • UNIT STANDARD CCFO DEMONSTRATING 
  • Demonstrate an awareness of the learner's responsibility as a role-player within the legal system and participate as responsible citizens in the life of local, national and global communities.
  • Demonstrate an awareness of the learner's role in generating cultural sensitivity within the legal system. 

  • 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 
    Terminology:

    Alternative Dispute Resolution: means of resolving a dispute outside of formal judicial system, often refers to non- adversarial methods like negotiation, mediation and arbitration. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered" 
    2020-07-30  SAS SETA 
    Elective  59387   National Certificate: Intellectual Property Administration  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered" 
    2012-06-30  CATHSSETA 


    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.
     
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    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.