Workplace Mediation in Johannesburg
Unresolved workplace conflict can affect management time, working relationships and business decisions. Hugh Raichlin Attorneys helps organisations assess whether structured mediation can address a disagreement before positions become further entrenched.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Principal Attorney & Accredited Mediator
Rule 86(2) accredited mediator; approved for appointment in Rule 41A Court-Annexed matters. Internationally accredited through the Society of Mediators (UK), with experience across workplace and commercial disputes.
This page is for you if…
- A management or executive relationship has broken down.
- A workplace dispute may be capable of an agreed solution.
- A team conflict is affecting communication and performance.
- You need to distinguish mediation from an investigation, disciplinary process or statutory referral.
How Hugh Raichlin Attorneys can help
Workplace mediation is a facilitated, voluntary discussion that helps participants explore a workable arrangement; it does not decide misconduct, replace a disciplinary or grievance process, or suspend any CCMA, bargaining-council or court deadline. The participants, scope and decision-making authority are agreed before the meeting.
Assess the right process
We help identify whether the issue is a relationship dispute, alleged misconduct, harassment, performance concern or statutory employment dispute. These require different responses; mediation should not be used to avoid an employer's legal responsibilities.
Structure the discussion
Where suitable, a defined process helps participants identify the issues, share relevant information and explore workable arrangements. Scope, participants and decision-making authority should be agreed before the meeting.
Support implementation
A settlement or working arrangement may need precise wording about responsibilities, confidentiality, payments, reporting lines or future communication. Independent legal advice and any required formal steps remain important.
What to consider before deciding
Private mediation is not a CCMA filing
An enquiry to HRA does not lodge a referral, extend a deadline or replace the CCMA's official process. Existing statutory or contractual time limits need separate attention.
An investigation may still be necessary
Serious allegations, safety concerns or protected rights should not be treated as a simple personality clash. The firm will assess whether a neutral discussion, an investigation or another legal process is appropriate.
Agree the role at the outset
Hugh's mediation role and Tshepo's employment-law advice are not interchangeable. Conflicts and neutrality must be assessed before the firm accepts an appointment.
Choosing the right process
Mediation
A facilitated discussion to help participants explore a workable agreement.
Investigation
A structured inquiry into serious allegations or conduct concerns.
Disciplinary or capacity process
A formal procedure assessing misconduct or capacity under the applicable rules.
Statutory dispute
A referral to the CCMA, a bargaining council or the Labour Court within the required time limits.
The appropriate process depends on the facts. These are alternatives, not a mandatory sequence.
The next steps
- 1Explain the workplace issue, participants and any deadline.
- 2Assess suitability, role and required preparation.
- 3Agree the process and hold the mediation where appropriate.
- 4Document any outcome and allocate implementation responsibilities.
Information to prepare
A brief enquiry is enough to start. Keep the relevant information below available for the consultation where possible. Send sensitive documents only when the firm requests them through an appropriate channel.
- A factual chronology of the workplace issue.
- Relevant contracts and workplace policies.
- Existing grievance or disciplinary documents.
- The status of any CCMA or court matter and any deadline.
- The desired practical outcomes and participants able to authorise them.
Common mistakes to avoid
Do not use mediation to pressure someone to waive rights, delay a required referral, replace an appropriate investigation or promise confidentiality beyond the agreed and lawful limits.
Relevant experience for your matter
Hugh brings mediation experience across workplace and commercial disputes. Tshepo Mohapi provides the employment-law capability needed to distinguish a relationship intervention from the legal processes an employer must follow.
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Rule 86(2) accredited mediator; approved for appointment in Rule 41A Court-Annexed matters. Internationally accredited through the Society of Mediators (UK), with experience across workplace and commercial disputes.
View Hugh's profile
Tshepo Mohapi
Attorney & Labour Law Consultant
LLB · University of Johannesburg
Labour-law advice for employers and selected executive-level employees, including disciplinary processes and workplace disputes.
View Tshepo's profileSelected published judgments from Tshepo's practice
These civil and commercial proceedings illustrate Tshepo Mohapi's wider litigation experience. They are not presented as reported labour-law or workplace-mediation outcomes.
The judgments record Tshepo Mohapi Attorneys as the instructing practice. These matters form part of Tshepo's professional experience and are not presented as instructions to HRA.
Applebite: business goodwill and passing-off litigation
Tshepo Mohapi Attorneys
Recorded practice: Tshepo Mohapi Attorneys
Published judgments record Tshepo Mohapi Attorneys acting for the original applicants, and later for the respondents on appeal, in a dispute between restaurant businesses using the Applebite name and branding. The proceedings concerned business goodwill, passing off and competing signage and online marketing.
[2022] ZAGPJHC 706 · 20 September 2022
Passing-off relief
The court granted relief to Gonbar Investments CC and Alex Jay Catering CC, the second and third applicants. The dormant first applicant did not establish standing.
[2022] ZAGPJHC 706 (20 September 2022)[2022] ZAGPJHC 866 · 2 November 2022
Opposition to leave to appeal
The opposing parties' application for leave to appeal was dismissed with costs. The appearances record Tshepo Mohapi Attorneys instructing Advocate A P Allison for the original applicants.
[2022] ZAGPJHC 866 (2 November 2022)[2024] ZAGPJHC 22 · 12 January 2024
Appeal dismissed
After the Supreme Court of Appeal granted leave to appeal, the High Court full court dismissed the appeal with costs. Tshepo Mohapi Attorneys represented the respondents.
[2024] ZAGPJHC 22 (12 January 2024)
These decisions concern one dispute. The case is about passing off and goodwill, not a general determination of registered-trademark ownership. The Supreme Court of Appeal granted leave; the reported merits appeal was decided by the High Court full court.
Lumka v BMW Financial Services: rescission proceedings
[2023] ZAGPJHC 641 · 2023
[2023] ZAGPJHC 641
Recorded practice: Tshepo Mohapi Attorneys
Case number: 5301/2021
In Lumka v BMW Financial Services SA (Pty) Ltd and Another, the court dismissed Lumka's rescission application following non-compliance with an earlier procedural order. The published appearances identify Tshepo Mohapi Attorneys as acting for BMW Financial Services, the first respondent.
This was a favourable procedural result for BMW, not a victory against BMW or a determination of every issue in the underlying finance dispute.
Frequently asked questions
Can I lodge a CCMA dispute through this page?
No. This is a private-law-firm enquiry, not the CCMA referral portal.
Is mediation the same as a disciplinary hearing?
No. A disciplinary process assesses alleged misconduct; mediation helps participants explore agreement. The appropriate process depends on the issue.
Can HRA advise the employer and also act as neutral mediator?
The roles and conflicts must be assessed separately. Do not assume the same practitioner can perform both roles in the same dispute.
Can the outcome be guaranteed?
No. Mediation depends on suitable participation and agreement. The firm can explain alternatives if the dispute remains unresolved.
Related services
Useful sources
- Commission for Conciliation, Mediation and ArbitrationThe CCMA’s official site describes workplace-dispute services, helping distinguish its formal processes from the private workplace mediation discussed here.
- Department of Employment and LabourEmployment legislation and official workplace resources, useful when a disagreement also involves grievance procedures, conduct concerns or other employment issues.
Assess whether workplace mediation can address the conflict.
Tell us about the participants, the issue and any deadline. A brief enquiry is enough to begin the assessment.
How to get started
- 1
Send a brief enquiry, or start an AI-assisted WhatsApp enquiry at any time.
- 2
The initial telephone discussion is free and helps the firm assess whether it can assist. Where the firm may be able to help, an attorney ordinarily follows up within one working day after receipt.
- 3
Where appropriate, a paid consultation is arranged. Its scope and fees are confirmed separately; consultations are usually in person, with remote arrangements considered where suitable.
WhatsApp AI gathers initial information; it does not provide legal advice. An enquiry does not confirm an appointment, acceptance of a matter or action on a deadline.