Mediation is a process where an independent mediator facilitates communication and open discussion to assist the parties in reaching a settlement in private.
Mediation primarily focuses on the rights, needs and interests of the parties and is an interactive process whereby the mediator provides expertise and support to parties who wish to reach agreement to preserve their relationship. Ground rules are established at the outset and once the mediator has heard both sides, he or she identifies common ground, identifies needs as opposed to rights, maintains the balance of power at all times and guides the parties in reaching a mutual agreement.
Mediation is not a binding process but once consensus is reached, an agreement is drawn up which commits the parties to their agreement and is legally binding.
Depending on the nature of the dispute, AFSA will appoint a suitable mediator and professionally administer the process.
The AFSA Mediation division is chaired by Adv Paul Pretorius SC.