Gauteng High Court Mediation – How do I get accredited?
The Gauteng High Court Mediation Directive & Protocol
Getting accredited as a Mediator
After the publication of the Gauteng High Court Directive we have received many inquiries from people wanting to be accredited as a Mediator. This document provides you with a summary of what you need to do to get accredited as a Mediator for purposes of the Directive.
What do I need to be accredited as a Mediator for the Directive?
In order to qualify as a Mediator under the Directive you need the following:
- Be Qualified as a Mediator
You must have completed and been assessed as competent by an independent assessor under a mediator training program that is affiliated with a South African University in line with internationally accepted mediation accreditation requirements;or otherwise accredited by the Dispute Settlement Accreditation Council of South Africa (DiSAC), the National Accreditation Board of Family Mediators (NABFAM), the International Mediation Institute (IMI), or the Centre for Effective Dispute Resolution (CEDR) or, alternatively, has been recognised as duly trained by virtue of the RMO Recognition of Prior Learning.
The DiSAC accredited training courses are listed here:
http://disac.co.za/?page_id=3513.
The NABFAM accredited training courses are listed here:
[If you passed an unaccredited 40 hour training course, and have evidence of having practised as a mediator, you can apply to be assessed by DiSAC or NABFAM.]
- Be a “Graduate Professional”
The Protocol requires that accredited mediators must be “Graduate Professionals”, but does not define what this means anywhere in the document. Service Providers are also required to publish the following information about mediators on their panel:
Registered professional discipline (legal practitioner, healthcare practitioner, etc.) and whether he/she is currently, in his/her capacity as such, a practising or non-practising member of the relevant profession.
This requirement therefore seems to mean that you need to be a graduate and must be, or must have practiced in a “relevant profession” (again not defined).
- Be on the Panel of a Recognised Mediation Service Provider [“RMO”]
The Directive states that: As a starting point, mediation service provider organisations that are members of the Alternative Dispute Resolution Practitioners of South Africa NPC (ADRP – SA) and/or accredited by either DiSAC or NABFAM are recognised as such Mediation Service Providers. Any other organisation or entity wishing to become a Mediation Service Providers may apply for membership with and recognition by ADRP-SA and/or accreditation by DiSAC and/or NABFAM.
This requirement is important because your service provider is responsible for (i) confirming that you meet the qualification standards, and (ii) that you have agreed to practice under their practice supervision rules (Code of Conduct, Complaint and Disciplinary processes).
The DiSAC accredited Service Providers are listed here:
http://disac.co.za/?page_id=3513.
The Service Providers recognised by NABFAM are listed here:
All service providers accredited by DiSAC and affiliated with NABFAM do comply with the requirements for Mediation Service Providers as set out in the Protocol,
The Member organisations of ADRP-SA are listed here:
https://www.adrp-sa.co.za/about
ADRP-SA cannot confirm that all its member organisations comply with the requirements for Mediation Service Providers as set out in the Protocol, or that all member organisations are interested in providing services under the Protocol.
- Pass a skills assessment
The RMO must, in addition to verifying compliance with the training requirement, certify that mediators on their panel have the necessary skills, experience and competence to conduct court annexed mediations. In order to comply with this requirement, the RMO may require of its mediators to comply with such assessment as they internally determine necessary and appropriate and may require its members to undergo additional training or act as an observer in a stipulated number of mediations prior to being certified as aforesaid. The RMO shall bear the responsibility to ensure that they put forward mediators who are competent to conduct court-annexed mediations as envisaged in this protocol.
- Personal Injury Mediations (including RAF Mediations)
Qualified mediators who wish to conduct mediations of personal injury matters (including RAF and medical-negligence claims) should have either additional experience or specific training in personal injury matters. This requirement ensures that mediators understand the industry of and law applicable to personal injury matters and are able to facilitate the negotiations between the parties efficiently. Those mediating personal injury matters must have a basic understanding of such matters (including the law applicable thereto and the practical administration thereof) – either through practice experience in this field, prior mediation experience in this field or through additional (personal injury /medical-negligence /RAF-focused) training to mediate in this field.
What process do I follow to get accredited?
You need to contact your preferred Service Provider and find out what they need from you to ensure compliance with all the above requirements.
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