The Commission for Conciliation, Mediation and Arbitration (CCMA) holds the authority to facilitate dispute resolution between employers and employees. These processes are governed by the Rules for the Conduct of Proceedings Before the CCMA (the Rules), which outline the procedures to be followed when approaching the CCMA. One notable rule addresses representation during CCMA proceedings.

**Conciliation**  
Conciliation involves efforts by the disputing parties to resolve their conflict independently. During this process, the appointed Commissioner takes on a facilitative role, helping open communication channels so the parties can negotiate a settlement on their terms. Employers may be represented by a director, an employee, or a representative from an employer's trade union or organization, while employees participate without representation.

If the parties fail to reach a resolution, the Commissioner issues a Certificate of Non-Resolution, moving the matter to arbitration.

**Arbitration**  
Arbitration differs from conciliation by involving a hearing conducted by a Commissioner who examines the facts and relevant legislation to deliver a ruling. This process is more structured, providing each party the chance to present evidence and cross-examine witnesses.

In arbitration, experienced human resources representatives may have an advantage over employees unfamiliar with CCMA proceedings. Rule 25(1)(b) allows employees to be represented by a legal practitioner or candidate attorney during arbitration, with some exceptions.

If the arbitration concerns a dismissal's fairness and the dismissal relates to conduct or capacity, legal representation is permitted only if agreed upon by all parties or allowed by the Commissioner, who evaluates factors such as:

- The legal issues involved
- The dispute's complexity
- Public interest considerations
- The comparative skills of the parties or their representatives  

These factors are handled individually, and their constitutionality was affirmed in the Supreme Court of Appeal judgment for CCMA v Law Society, Northern Provinces [2013].

This overview highlights representation rules at the CCMA. For specific cases, consulting a qualified labor law firm is recommended to understand exceptions and legal positions comprehensively.