University of Johannesburg
August 13, 2015
Journal of Contemporary Roman-Dutch Law, Vol. 78, p. 397-406, 2015
This article provides an overview of the development in South African law of the concept «mediation» as well as recommendations regarding the future practicing of family mediation in South Africa. A definition of and an overview of the concept of mediation and an explanation of what family mediators are in South Africa are provided. The provisions of the Children’s Act with regard to mediation as well as similar alternative dispute resolution mechanisms are explained. Recent court decisions dealing with family mediation and the rules of court dealing with mediation are discussed. A comparison between Africa-style mediation and Western-style mediation is made. Thereafter Family Relationship centres in Australia are discussed. In conclusion, recommendations are made with regard to family mediation in South Africa.