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Appointment Only Mediation Process

The appointment-only mediation option indicates how parties may benefit from AFSA’s institutional support in the appointment of a suitable mediator.

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AFSA Appointment Only Mediation Process

AFSA provides two distinct pathways for mediation: a fully administered process and an appointment only mediation process. This section outlines the appointment only mediation option, and how parties may benefit from AFSA’s institutional support in the appointment of a suitable mediator.

Cost

The AFSA Appointment Only Mediation Service is offered at no charge. This service is limited to the appointment of mediators.
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Appointment Only Mediation Process

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The appointment only mediation process is appropriate in circumstances where parties wish to manage the procedural and logistical aspects of the mediation independently. This process is particularly useful in matters where parties desire to minimise administrative costs and limit expenditure to the fees payable to the mediator.

Upon receiving a written request from one or more parties for the appointment of a mediator, the Deputy Secretary General will:

  • acknowledge receipt of the request and designate a Case Manager to oversee the process.
  • request a general summary of the dispute, limited to key factual issues, the sector involved, and any specific expertise required of the mediator. This is done for the purpose of early case profiling to support appropriate mediator selection.

The Deputy Secretary General, drawing from the AFSA Panel of Mediators, will recommend a suitable candidate or shortlist of candidates to the AFSA Domestic Committee, having due regard to:

  • the nature and complexity of the dispute;
  • the subject-matter expertise required;
  • any preferences indicated by the parties, including linguistic, cultural, or professional considerations;
  • availability and responsiveness of the proposed mediator.
    Where appropriate, parties may be invited to comment on the shortlist before final appointment.

Where the matter is deemed urgent, and delay would frustrate the purpose of mediation, the appointment may be made 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 Secretary General of AFSA,
    without prior reference to the Domestic Committee.

In appointment only mediation, and in keeping with international norms regarding party-mediator relationships, the mediator’s contractual relationship is directly with the parties, not with AFSA. AFSA’s role in appointment proceedings is strictly limited to administrative support in the appointment process.
Accordingly:

  • AFSA does not bear any responsibility for securing or enforcing the payment of mediator fees.
  • The parties and the mediator are encouraged to enter into a separate mediation agreement, specifying the mediator’s fees, payment schedule, and any conditions for cancellation, in line with guidance from AFSA’s Model Mediation Agreement or equivalent.

All documents submitted to AFSA as part of the appointment process will be treated as confidential and used solely for the purposes of mediator selection. AFSA will maintain a record of the appointment for transparency and institutional integrity, but will not monitor or report on the mediation unless expressly agreed otherwise.

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

About us

AFSA is the national and regional leader in its field and is named as the preferred dispute resolution authority in the King III Report on Corporate Governance.

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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