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 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