The role of court-based mediation in the resolution of divorce disputes

Abstract

The Access to Justice Conference July 2011 led to the introduction of the rules of the Rules Board of Courts of Law.These rules aim to regulate the procedure for voluntary referral to court-annexed mediation of civil disputes that are being implemented on a pilot basis in certain courts. As court-annexed mediation is presently being implemented on a pilot basis, and still a relatively new concept in South Africa, an examination of how other countries manage and implement court-annexed mediation processes was necessary. A literature comparison of the management and implementation processes of court-annexed mediation of South Africa, Australia, California and Canada was conducted as these legal systems provide for court-based mediation. This literature study and literature comparison focussed on the role of court-based mediation in the resolution of divorce disputes and specifically how court-based mediation is implemented in these countries. It is recommended that should the pilot program launched in certain South African courts be successful, law reform be modelled after these countries with regard to the role of court-based mediation in the resolution of divorce disputes. It is further suggested that, like California, Australia and Canada, there be a central starting point in resolving divorce disputes. It is suggested that the office of the Family Advocate be expanded to provide the services similar to the triage model of service delivery in California and similar to the family relationship centres in Australia.