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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Postgraduate Diploma in Dispute Settlement 
SAQA QUAL ID QUALIFICATION TITLE
85106  Postgraduate Diploma in Dispute Settlement 
ORIGINATOR
Stellenbosch University 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY NQF SUB-FRAMEWORK
CHE - Council on Higher Education  HEQSF - Higher Education Qualifications Sub-framework 
QUALIFICATION TYPE FIELD SUBFIELD
Postgraduate Diploma  Field 03 - Business, Commerce and Management Studies  Human Resources 
ABET BAND MINIMUM CREDITS PRE-2009 NQF LEVEL NQF LEVEL QUAL CLASS
Undefined  120  Not Applicable  NQF Level 08  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:

Alternative forms of dispute settlement (as opposed to litigation and the use of power) are becoming increasingly important, both from a cost perspective and for the maintenance of business, private or community relations. Legislation (e.g. the draft new Companies Act, the Environmental Protection Act, and others) provides for alternative forms of dispute settlement, yet there are few instances of alternatives such as negotiation and mediation being used to resolve disputes. This is in large part due to a lack of skills and the absence of a sufficient number of practitioners with specialised dispute settlement skills.

Successful completion leads to appointment on the dispute resolution panels of the Africa Centre for Dispute Settlement, enabling successful learners to practice as mediator or arbitrator. This provides an opportunity for students to establish a new career path, i.e., that of dispute settlement practitioner.

Rationale:

Conflict in organisations is an avoidable cost, yet few professionals and managers have the knowledge or skills to resolve differences in a peaceful and constructive manner. The same applies to conflict in other sectors of society.

Mediation and other forms of dispute settlement have become increasingly important, both in South Africa and elsewhere, as alternatives to litigation and the use of power. In South Africa, there are no qualifications available at tertiary institutions that provide persons involved or interested in dispute settlement with a comprehensive, postgraduate level knowledge and skills set that would qualify them as dispute settlement practitioners. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Proven relevant experience in dispute resolution.

Recognition of Prior Learning:

Candidates who do not meet the minimum requirement for admission can be admitted on the basis of a portfolio of proven comparable competencies, knowledge and experience. A maximum of 10% of the annual student intake will be admitted by means of Recognition of Prior Learning.

Access to the Qualification:

A relevant Bachelor's Degree. Proven relevant experience in dispute resolution is recommended. 

RECOGNISE PREVIOUS LEARNING? 
Y 

QUALIFICATION RULES 
Students need to complete the 2 compulsory modules, as well as one elective.

The 2 compulsory modules (80 Credits in total) are:
  • Introduction to conflict, conflict management and dispute resolution - 10 Credits.
  • Consensus building processes and skills - 70 Credits.

    The elective modules are:
  • Arbitration - 40 Credits.
  • Mediation - 40 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate a comprehensive and systematic knowledge of current thinking on conflict, its origins, sources, factors influencing its outcome, various conflict management styles and dispute settlement options.
    2. Demonstrate a coherent and critical understanding of the various processes available for the resolution of disputes.
    3. Engage effectively in negotiations.
    4. Mediate and arbitrate civil and commercial disputes.
    5. Demonstrate specialist knowledge and skills to be able to mediate and/or arbitrate disputes in a number of selected areas.
  • Range: Family disputes; international trade disputes; community disputes; intellectual property disputes and labour disputes.
    6. Analyse and resolve disputes creatively.
    7. Produce assignments which meet the standard of reports/awards of professional writing.

    Critical Cross-Field Outcomes:

    This qualification addresses all the Critical Cross-Field Outcomes. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    The following Assessment Criteria are applied in an integrated manner:
  • Approaches and practices in Dispute Management are understood and demonstrated in practice.
  • Mechanisms for conducting effective negotiations are presented.
  • Interpersonal management is conducted to meet the needs of all parties.
  • Labour relations are understood in context of the South African legal environment and arbitration processes are managed and conducted using core standard processes.
  • Competent arbitration awards are written.
  • The labour conciliation process is managed timeously and conducted efficiently using non-core standard processes.
  • Arbitration processes are managed and conducted using non-core standard processes and submissions and referrals are screened and allocated to the appropriate party for handling.
  • The review and rescission process is understood and implemented according to legal and regulatory requirements.
  • Awards and recommendations are considered and written in the correct format by applying the relevant rules, functions, powers and duties of organisations.
  • Case law and judicial precedents are applied to labour related issues.
  • Legislative provisions relating to an organisation's rights are interpreted and applied correctly.
  • Legislative provisions relating to an individual's rights are interpreted and applied correctly.
  • The rules, functions, powers and duties of organisations are identified in relation to the issues for negotiation.
  • Case law and judicial precedents are applied to specific cases.

    Integrated Assessment:

    Student progress is monitored by means of a continuous assessment scheme focusing on individual performance.

    The programme coordinator/director is responsible for the overall monitoring the progress of individual students. Assessments consist of:
  • One or more class tests for each module (formative).
  • One or more written assignments for each module (summative).
  • One final integrated case study (summative).
  • Peer and facilitator reviewed role-plays (formative).

    Assessment in the programme is aligned with the University's Assessment Policy. 
    		•

    INTERNATIONAL COMPARABILITY 
    This qualification was compared with the following highly regarded international qualifications and it compares well them in terms of format and content:
  • University of Hong Kong: Postgraduate Diploma in International Arbitration and Dispute Settlement.
  • Queen Mary, University of London: Postgraduate Diploma in International Dispute Resolution.
  • University of Dundee, Scotland: Postgraduate Diploma in International Dispute Resolution. 
    		•

    ARTICULATION OPTIONS 
    This qualification articulates horizontally with any cognate qualification at NQF Level 8.

    This qualification articulates vertically with any cognate qualification at NQF Level 9. 

    MODERATION OPTIONS 
  • Written assignments are internally moderated to ensure that they are aligned with the outcomes of the programme. Core component of the programme (mediation skills) is assessed internally as well as externally by means of a recorded role play. In assessing students, every effort is taken to ensure that individual learning is being assessed. Experiential learning happens through role plays, which are assessed by lecturers and peers. A final role play in each of the core modules is recorded on video and assessed by a panel of internal assessors.
  • The University of Stellenbosch has a specific policy to ensure high standards in assessment practices. The programme co-coordinator is responsible for ensuring that staff involved in the programme adheres to this policy and to ensure explicitness, validity and reliability of assessment practices.
  • A strong emphasis is placed on assuring that plagiarism does not occur. Every student has to sign a declaration of own work for each assignment or case study submitted. Assignments are submitted electronically and are checked for similarities in content with sources through Turnitin.
  • Internal moderation processes require that an academic not involved in the presentation of the subject will scrutinise the results of the marking process. In addition external examiners will scrutinise course outlines, assignment topics and set papers as well as all assessment products. Moderator's reports are firstly discussed with individual academics. Areas for improvement are identified and monitored. An executive summary of all moderators' reports are tabled at the Academic Planning Committee for purposes of continuous quality control.
  • Results are captured electronically and are immediately made available to the students, after scanning by the Academic Head. The student has the right to discuss any mark allocated with the relevant examiner. If thereafter the student still feels that he/she had been unfairly treated, a first appeal leads to the internal examiner, and if no change is recommended, the student may request that the external examiner should re-assess the learning product. 
    		•

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

    NOTES 
    N/A 

    LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: 
     
    NONE 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: 
    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. Stellenbosch University 


    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.