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 of the Act, may refer a matter that could be the subject of such an application or complaint for resolution by mediation, conciliation or arbitration to:

(a) The Companies Tribunal;

(b) An accredited entity, as defined in subsection 166 (3) of the Act; or

(c) Any other person.

The Companies and Intellectual Property Commission has recently drafted a set of standards for accrediting the “entities” referred to above.

Proposed Accreditation Requirements CIPC 20 10 2014

DiSAC, along with other interested parties were asked to comment. DiSAC’s comments are available below:

COMMENTS ON CIPC ACCREDITATION STANDARD

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 serious concerns about these Rules. DiSAC’s comments are set out below, only some of which have been addressed in the final Rules.

DiSAC Comment on Court Annexed Mediation (May 2013)

Also see DiSAC’s press release on the subject:

DiSAC Press Release_140401_Industry Concerned about New Mediation Rule_FV

Accreditation Standards for Court Annexed Mediators

The Department of Justice & Constitutional Development has published a set of accreditation standards for mediators wanting to work within the Court annexed mediation scheme.

Accreditation Standards for Court Annexed Mediators

In 2012 DiSAC had published a discussion document on the subject, with a view to assisting development of these standards.

DiSAC Discussion Document Court Annexed Mediation Standards

Many of DiSAC’s recommendation seem to have been disregarded. In further comments addressed to the Department, DiSAC has expressed serious concerns about a number of issues regarding the accreditation of court annexed mediators, and the fact that the scheme is being implemented without any indication as to how practice standards will be implemented and monitored.

DiSAC Comments on Accreditation Standards for Court Annexed Mediators