Entries by admin

Association of Mediation Assessors, Trainers and Instructors: Conference Report

Amati, the Association of Mediation Assessors, Trainers and Instructors, held their second international conference in Coventry at the beginning of this month (March 2015). The theme was Moving Over: Developing Conversation Training and Hybrid Models in Mediation. This relatively new organisation, aimed at those of us training and assessing mediators, has the aim of “benchmarking […]

Qualification and Practice Standards for Arbitrators

DiSAC is currently working on finalizing qualification and practice standards for Arbitrators. Once these have been adopted, DiSAC will be in a position to also accredit arbitrators. A first draft of these standards are currently being considered by DiSAC and its constituent members, and will soon be published for general consideration and comment. We look forward to […]

Mediation ito the Companies Act

Section 166  of the Companies Act No. 71 of 2008 provides for alternative dispute resolution. Specifically subsection 166(1) of the Act  states that as an alternative to applying for relief to a court, or filing a complaint with the Commission  a person who would be entitled to apply for relief, or file a complaint in terms […]

Environmental Conflict Management

The National Environmental Management Act [“Nema”], Chapter 4, provides for alternative dispute resolution in respect of environmental disputes. Section 21 of NEMA authorities the establishment of a Panel of persons to render facilitation, conciliation and mediation services: Appointment of panel and remuneration   (2)       The Minister may create a panel or panels of persons from which appointment […]

Revising the DiSAC Operational Framework

DiSAC is currently constituted in accordance with the DiSAC Operational Framework. For practical and historical reasons DiSAC was commenced as a collaboration between the various mediation and arbitration service providers in South Africa: Historical – Prior to DiSAC the service providers were the only bodies that were actively setting qualification and practice standards in South […]

Court Annexed Mediation

The Rules for Court Annexed Mediation The Department of Justice & Constitutional Development has published amendments to the Magistrate’s Court Rules which will see voluntary court annexed mediation being brought into some of  South Africa’s lower Courts on a pilot basis. The Rules for Court Annexed Mediation Though welcoming this development, DiSAC has expressed some […]

New Arbitration Legislation for South Africa

International Arbitration South Africa does not have an international arbitration regime that meets the standards set by the UNCITRAL Model Law. This is a serious impairment to South Africa’s ability to be the seat of international arbitration. In 1998 the SA Law Review Commission published recommendations and a draft Bill to address this serious problem. […]

Empirical study on international commercial mediation and conciliation

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of […]