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Appointment of Mediators Criteria

AFSA’s Appointment of Mediators Criteria and Panel Application Form outline the standards for admission to the Mediation Panel, ensuring only qualified, ethical, and experienced practitioners are accredited.

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AFSA CRITERIA FOR THE APPOINTMENT OF MEDIATORS TO THE PANEL

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Criteria for Appointment of Mediators

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Panel Application Form for Arbitration and Mediation

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This framework sets out the criteria governing the appointment, evaluation, and classification of mediators under the auspices of the Arbitration Foundation of Southern Africa (AFSA). The objective is to ensure that mediators appointed by or through AFSA demonstrate the highest standards of professional competence, independence, ethics, and sectoral expertise, in line with international best practices.

AFSA is guided by the following foundational principles in all mediator appointments:

  • Competence: Verified skills and qualifications in mediation.
  • Impartiality: Demonstrated independence, neutrality, and avoidance of conflicts of interest.
  • Reputation: Recognition of standing in the legal, regulatory, commercial, or academic community.
  • Accountability: Ongoing performance assessment and quality control.
  • Diversity: Representation across gender, race, language, profession, and geography.
  • Specialisation: Recognition of domain-specific expertise (e.g., commercial, competition, construction, employment, etc.).
  • All individuals who meet the criteria outlined in paragraph 4 below, and who wish to be considered for inclusion on AFSA’s panel of mediators, must complete and submit the AFSA Application Form.
  • Applications will be assessed by the AFSA Domestic Committee, which is responsible for evaluating eligibility, qualifications, and compliance with AFSA’s professional standards. 
  • Applicants will be notified of the outcome once the AFSA Domestic Committee has completed its review.
  • Appointments to the panel are for a fixed term of three (3) years, subject to ongoing performance evaluations, adherence to ethical standards, and any other conditions that may be determined by AFSA. Mediators may apply for reappointment upon expiry of their term.

AFSA may appoint as mediators individuals who fall into one or more of the following categories:

A. Retired Judicial Officers

  • Retired Judges of the High Court, Supreme Court of Appeal, Constitutional Court, or equivalent foreign jurisdictions, who have completed the AFSA Mediation Course or equivalent international training.

B. Senior Legal Practitioners

  • Senior Advocates (SC) or legal practitioners in good standing who have completed the AFSA Mediation Course or equivalent, and who demonstrate experience and aptitude in dispute resolution.

C. Internationally Accredited Mediators

  • Mediators affiliated with or accredited by leading global institutions, such as:
    • International Mediation Institute (IMI)
    • Singapore International Mediation Centre (SIMC)
    • International Chamber of Commerce (ICC)
    • American Arbitration Association / ICDR
    • Lagos Court of Arbitration
    • Cairo Regional Centre for International Commercial Arbitration (CRCICA)
    • Beijing International Arbitration Centre (BIAC)
    • Shanghai International Arbitration Centre (SHIAC)
    • Shenzhen Court of International Arbitration (SCIA)
    • Hong Kong International Arbitration Centre (HKIAC)
    • International  Commercial Dispute Prevention and Settlement Organisation (ICDPASO)
    • London Court of International Arbitration (LCIA) 

Subject to AFSA’s verification of qualifications, ethical standing, and alignment with its internal standards.

D. Quasi-Judicial and Regulatory Professionals

  • Individuals with a minimum of five (5) years’ experience in an adjudicative or decision-making capacity, including:
    • Executive Directors or Deputy Executive Directors of the Takeover Regulation Panel
    • Members of the Competition Tribunal
    • Members of the Companies Tribunal
  • Such individuals must have completed the AFSA Mediation Course or equivalent.

E. AFSA Domestic Committee Appointments

  • Persons nominated and approved by AFSA’s Domestic Committee in accordance with their respective mandates and vetting protocols.

F. Board Appointments

  • Distinguished individuals of high repute in the legal, regulatory, business, or academic sectors, appointed directly by the AFSA Board, with or without formal mediation training, based on the contribution they can make to the mediation framework.

G. Chairperson’s Discretionary Appointments

  • Individuals appointed by the Chairperson of AFSA, with or without AFSA mediation certification, in circumstances where such appointment is deemed necessary or appropriate in the interests of justice, fairness, or institutional integrity.

H. AFSA Mediation Faculty

Individuals who serve as faculty or trainers in AFSA’s mediation training programmes, including lead instructors and course designers, and who have demonstrable experience as mediators or mediation educators. These individuals must have themselves completed the AFSA Mediation Course or equivalent.

AFSA is committed to maintaining the highest professional standards among its mediators. To this end:

  • Each mediator’s work will be subject to periodic evaluation based on a formal scoring system, which will assess:
    – Effectiveness in resolving disputes
    – Procedural fairness and neutrality
    – Party satisfaction (including post-mediation feedback)
    – Adherence to timelines
    – Ethical conduct
  • Mediators who consistently underperform, breach ethical standards, or receive adverse feedback may, upon review by the relevant AFSA Committee, be excluded from the AFSA panel of mediators, either temporarily or permanently.
  • AFSA may require underperforming mediators to complete additional training before reinstatement.
  • All appointed mediators must hold a valid Compliance Certificate issued by AFSA, confirming adherence to the Code of Conduct and CPD obligations. This certificate shall be valid for a period of one (1) year from the date of issue and must be renewed annually, subject to verification of compliance with applicable standards, ongoing training, and ethical requirements.

All appointed mediators are bound by the AFSA Code of Conduct for Mediators, which is aligned with the IMI Code of Professional Conduct and relevant international ethical frameworks. Mediators must declare any conflicts of interest and adhere to strict confidentiality and impartiality rules.

AFSA reserves the right to review and amend this criteria from time to time, subject to the approval of the AFSA Board. Transitional arrangements may apply to mediators previously appointed under earlier versions of this framework.

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Court Annexed Mediation Good Standing Questionnaire

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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 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 private dispute resolution authority which manages and administers the confidential resolution of a wide-range of local and international disputes by way of mediation, adjudication, arbitration and related processes. AFSA’s head office is in Sandton, Johannesburg, with branch offices in Cape Town, Pretoria, Durban, Mthatha and the Garden Route.

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