South African Law Reform Commission: Mediation Act Public Comments
- Mediation Academy
- Feb 10
- 2 min read
Updated: May 12
South African Law Reform Commission: Mediation Law Reform
The South African Law Reform Commission has released Discussion Paper 168 for public comment, focusing on the development of a generic mediation statute covering commercial mediation, civil mediation, and community mediation. This initiative, part of Project 94, aims to enhance the legal framework for mediation in South Africa, making dispute resolution fair, efficient, and cost-effective.
Understanding Discussion Paper 168: Mediation Law Reform
Discussion Paper 168 explores the need for a comprehensive Mediation Bill that would regulate the mediation profession, establish clear procedures, and ensure the enforceability of mediated agreements. Notably, it also addresses international commercial mediation under the Singapore Convention on Mediation.
Key Areas Covered:
Regulation of Mediators: Proposals to ensure mediator qualifications and professional standards.
Mediation Procedures: Guidelines for conducting mediation, from initiation to agreement.
Enforcement of Mediated Agreements: Mechanisms to ensure that agreements reached through mediation are legally binding.
International Mediation: Provisions aligning South African law with the Singapore Convention.
Exclusion of Family Mediation
It’s important to note that family mediation is not covered under this discussion paper, as it was addressed separately under Project 100A. This paper specifically focuses on commercial, civil, and community mediation.
Public Participation and Feedback
The Commission is seeking public comments on Discussion Paper 168 to guide future legislation. Stakeholders are encouraged to submit their comments by 30 April 2025.
Submission Details:
Email: Mr Pierre van Wyk (until 28 February 2025)
Email: Dr Dellene Clark (until the finalisation of this investigation)
Mail: The Secretary, South African Law Reform Commission, Private Bag X668, Pretoria, 0001.
Workshops and Further Discussions
In addition to written submissions, the Commission will host both in-person and virtual workshops to discuss the paper. Stakeholders can express their interest in attending these sessions.
Conclusion
The release of Discussion Paper 168 marks a critical step in South Africa’s effort to enhance its mediation framework. By seeking public feedback, the Commission aims to ensure that the final Mediation Bill reflects the needs of all stakeholders and promotes a fair, efficient, and accessible mediation process.
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