The Mediation Bill
At the heart of the Mediation Bill is the creation of a robust legal and institutional framework to embed mediation within South Africa’s justice system. While participation in mediation remains largely voluntary, the Bill empowers courts to encourage or, in certain cases, require parties to attempt mediation before proceeding to litigation.
Key Features
National Accreditation System
The Bill proposes a regulatory authority to accredit mediators for purposes of mediation under the Act. Accreditation will confirm not only a mediator’s qualifications but also adherence to ethical standards and ongoing professional development.
Accredited vs. Certified Mediators
A crucial distinction is drawn between accredited mediators, who meet the rigorous criteria of the regulatory body, and qualified mediators, who may hold training qualifications but lack formal accreditation. The Bill prioritises accredited mediators for court referrals and official functions, a shift that could significantly reshape the profession.
Court Integration and Enforceability
The Bill provides for certain categories of disputes to be subjected to mandatory mediation. Importantly, the Bill encourages the Courts to make it easier for parties to get mediated agreements made an order of court
Confidentiality Protections
Strong safeguards for confidentiality are enshrined in the Bill, with limited exceptions in cases involving threats of harm.
Implications for Practitioners and Communities
By emphasising accreditation, the Bill seeks to raise professional standards, bolstering the credibility and consistency of mediation practice. Yet this professionalisation is narrowly focused. Grassroots practitioners and community-based mediators—whose work often relies on trust, accessibility, and cultural familiarity—will not be required to seek accreditation in terms of the Bill as it is currently drafted.
Concerns raised during consultations include training expenses, the risk of regulatory gatekeeping, and whether formal structures might overlook the cultural and social dynamics that make community mediation effective. Inclusiveness and sensitivity to South Africa’s diverse contexts remain essential if the Bill is to succeed.
Mediation as Transformative Justice
The Mediation Bill has garnered broad support from legal experts, civil society, and advocacy groups, who see in it the potential to ease pressure on courts while fostering relational healing. The challenge lies in building a system that balances high professional standards with the flexible, community-driven ethos that makes mediation uniquely powerful.
As South Africa continues to grapple with its layered social and historical realities, this Bill represents more than legal reform. It offers a hopeful path toward a justice system that is restorative and accessible.