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Administered Mediation Process

This section sets out the structure and benefits of the administered mediation process, which is designed to provide end-to-end institutional support to parties engaging in mediation.

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AFSA Administered Mediation

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AFSA Administered Mediation Process Brochure

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Mediation Request Form

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Mediation Request Form (Word)

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The Arbitration Foundation of Southern Africa (AFSA) offers two distinct pathways to mediation: an ad hoc process and a fully administered mediation process. This section sets out the structure and benefits of the administered mediation process, which is designed to provide end-to-end institutional support to parties engaging in mediation. In contrast to the ad hoc model, the administered process offers a structured, professionally managed framework that enhances procedural efficiency, safeguards fairness, and reduces party burdens in managing the mediation themselves.

AFSA’s administered mediation is designed to:

  • reduce party friction and delay by offering a clearly defined and neutral process;
  • ensure mediator quality by appointing only accredited and experienced mediators from AFSA’s approved panel;
  • provide case management support, relieving parties of the administrative burden;
  • offer transparency and predictability in procedure, costs, and mediator appointment;
  • build confidence and legitimacy, especially in sensitive commercial or public disputes;
  • support compliance with court-annexed mediation schemes, government contracts, or public procurement requirements.

Administered mediation is appropriate where parties seek an organised, professionally supported dispute resolution process without the need to resort to litigation or arbitration. It is especially suitable in cases involving:

  • a power imbalance between parties;
  • high levels of mistrust;
  • public interest concerns;
  • multiparty or cross-sector disputes;
  • situations requiring accountability or formality.

Administered mediation enables the procedural rigour of arbitration with the flexibility of mediation, ensuring process integrity while maintaining the informal, voluntary character of the mediation itself.

Upon receipt of a written request by one or more parties, the Deputy Secretary General will:

  • acknowledge the request and designate a dedicated Case Manager;
  • provide the parties with the AFSA Mediation Rules, a copy of the model mediation agreement, and relevant guidelines;
  • request a general case summary, including:
    • key factual and legal issues;
    • industry or sectoral context;
    • urgency of the matter;
    • preferences regarding mediator qualifications, diversity, or approach.

This is done for the purpose of early case profiling to support appropriate mediator selection.

The Deputy Secretary General will recommend a mediator or shortlist of candidates from AFSA’s Panel, for approval by the Domestic Committee, taking into account:

  • the complexity and subject matter of the dispute;
  • any industry-specific or technical expertise required;
  • the parties’ stated preferences regarding professional background, gender, language, or other factors;
  • mediator availability, caseload, and independence.

Where appropriate, the parties may be invited to comment on or rank the proposed shortlist. This element of procedural transparency builds party confidence while maintaining AFSA’s neutrality in the final appointment.

Where a dispute is urgent and a delay may defeat the objective of mediation, a mediator may be appointed directly by:

  • the Chairperson of AFSA;
  • the Chief Executive Officer of AFSA;
  • the Head of the AFSA School of Mediation;
  • the Chairman of the Domestic Committee; or
  • the General Secretary of AFSA.

This expedited pathway ensures that time-sensitive matters are addressed without procedural bottlenecks.

The parties and the mediator will enter into a mediation agreement, typically based on AFSA’s Model Mediation Agreement, which sets out:

  • scope of the mediation;
  • timelines and milestones;
  • mediator’s fees and terms of payment;
  • confidentiality terms;
  • the mediator’s role and ethical obligations.

In AFSA’s administered mediation process, AFSA assumes responsibility for managing the financial arrangements related to the mediator’s fees and the administrative charges, thereby relieving parties of the burden of direct financial coordination with the mediator

The process operates as follows:

  • Administration Fee: A fixed administrative fee of R10,000.00 is payable to AFSA. This amount is typically settled by the party initiating the mediation (the referring party), unless otherwise agreed by the parties.
  • Mediator’s Fee: The mediator’s fee is determined based on the complexity of the dispute, the experience of the mediator, and the estimated time required. This fee is negotiated and agreed upon by AFSA and the parties during the case intake process.
    • AFSA will present the parties with a proposed fee structure, which may be a flat rate or an hourly/ day rate, depending on the nature of the matter.
    • the total agreed fee must be paid in full to AFSA prior to the commencement of the mediation, either by one party or in proportions agreed between the parties (e.g. 50/50 or based on another agreed formula).
  • Commencement Condition: The mediation process will not proceed until both the administration fee and the mediator’s fee are secured in AFSA’s trust or designated account. This ensures that the mediator is protected financially and that the process begins in a structured and fair manner.
  • Disbursement: Upon conclusion of the mediation, AFSA will disburse the mediator’s fee according to the agreed terms and issue appropriate invoices or receipts to the parties.
  • Refunds or Adjustments: Where applicable, if the mediation is cancelled before commencement or concludes earlier than anticipated, AFSA may refund a portion of the fees, subject to its internal cancellation and cost recovery policy.

By centralising financial arrangements, AFSA ensures transparency, procedural efficiency, and professional independence.

At the end of the mediation, the mediator will advise the Case Manager of the outcome of the mediation, and Case Manager shall issue a Certificate, on behalf of the mediator, confirming either:

  • that the matter has been settled or
  • that the matter could not be settled.

In AFSA’s administered mediation process, AFSA assumes responsibility for managing the financial arrangements related to the mediator’s fees and the administrative charges, thereby relieving parties of the burden of direct financial coordination with the mediator

The process operates as follows:

  • Administration Fee: A fixed administrative fee of R10,000.00 is payable to AFSA. This amount is typically settled by the party initiating the mediation (the referring party), unless otherwise agreed by the parties.
  • Mediator’s Fee: The mediator’s fee is determined based on the complexity of the dispute, the experience of the mediator, and the estimated time required. This fee is negotiated and agreed upon by AFSA and the parties during the case intake process.
    • AFSA will present the parties with a proposed fee structure, which may be a flat rate or an hourly/ day rate, depending on the nature of the matter.
    • the total agreed fee must be paid in full to AFSA prior to the commencement of the mediation, either by one party or in proportions agreed between the parties (e.g. 50/50 or based on another agreed formula).
  • Commencement Condition: The mediation process will not proceed until both the administration fee and the mediator’s fee are secured in AFSA’s trust or designated account. This ensures that the mediator is protected financially and that the process begins in a structured and fair manner.
  • Disbursement: Upon conclusion of the mediation, AFSA will disburse the mediator’s fee according to the agreed terms and issue appropriate invoices or receipts to the parties.
  • Refunds or Adjustments: Where applicable, if the mediation is cancelled before commencement or concludes earlier than anticipated, AFSA may refund a portion of the fees, subject to its internal cancellation and cost recovery policy.

By centralising financial arrangements, AFSA ensures transparency, procedural efficiency, and professional independence.

All information submitted to AFSA in the course of the administered mediation process will be kept strictly confidential and will be used exclusively for case management and mediator selection.

AFSA will retain an administrative record of:

  • the names of the parties;
  • the mediator appointed;
  • dates of commencement and completion.

No details of the mediation outcome will be disclosed unless agreed by all parties or required by law.

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AFSA Model Mediation Agreement

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“ AFSA’s administered mediation is a confidential, collaborative process led by accredited mediators that helps parties resolve disputes while preserving relationships.”

About us

AFSA administers trusted, confidential dispute resolution across Southern Africa and beyond, managing domestic and international disputes through world-class mediation, arbitration, and related processes with integrity and efficiency.

The Arbitration Foundation of Southern Africa (AFSA) is a non-profit dispute resolution authority that administers and manages the confidential resolution of a wide range of domestic and international disputes through administered mediation, arbitration, and related processes. AFSA’s head office is in Sandton, Johannesburg, with branch offices in Cape Town, Pretoria, Durban, and the Garden Route.

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