ADRP-SA Responds to Draft Mediation Directive and Protocol
- admin468093
- Apr 19
- 2 min read
Updated: Apr 22
The Association of Dispute Resolution Practitioners of South Africa (ADRP-SA), representing a collection of mediation organizations, has submitted a response to the Draft Mediation Directive and Protocol, which proposes the introduction of obligatory mediation for civil trials in the Gauteng Division of the High Court.
Key Points of the Submission
Support for the Initiative: The ADRP-SA generally welcomes the Draft Directive and Protocol, acknowledging its commitment to mediation and its emphasis on quality standards and mediator accreditation.
Concerns and Areas for Improvement: While supportive, the submission raises several concerns about the Protocol that the ADRP-SA believes could hinder the initiative's success.
Clarity on Roles and Responsibilities: A primary concern is the lack of clarity in the Protocol regarding the roles and relationships between mediators, the ADR Technology Group (ADR-TR) and its system (ADR-PA), and Mediation Service Providers (MSPs). The ADRP-SA seeks clearer definitions of who contracts, pays, manages complaints, and disciplines mediators, as well as clarity on the financial arrangements between ADR-PA and MSPs.
ADR Technology Group Standards: The submission also highlights that the ADR Technology Group (ADR-TG) is not governed by the quality standards that the Protocol aims to promote. It questions the preferential treatment given to ADR-PA within the Protocol, as ADR-TG is a privately owned entity not accredited by professional bodies like ADRP-SA.
Other Concerns: Additional concerns raised in the submission include:
Issues related to costs and fees.
The voluntary participation of parties in mediation.
The presiding officer's involvement in the process.
The referral of matters back to court.
The training and accreditation of mediators.
The determination of fees.
Proposed Amendments and Conclusion
The ADRP-SA's submission proposes several amendments to the Draft Protocol to address these concerns, aiming to clarify roles, streamline processes, ensure quality, and promote cost-effectiveness. The organization reaffirms its commitment to contributing to the success of the mediation initiative by ensuring access to qualified mediators and providing ongoing feedback.
Comments