This document sets out the procedure to be followed by the Arbitration Foundation of Southern Africa (AFSA), acting in its capacity as a Recognised Mediation Organisation (“RMO”), when dealing with and processing complaints lodged by litigants or members of the general public against mediators accredited in terms of the Mediation Directive of the Gauteng Division of the High Court (“the Directive”).
This document sets out the procedure to be followed by the Arbitration Foundation of Southern Africa (AFSA), acting in its capacity as a Recognised Mediation Organisation (“RMO”), when dealing with and processing complaints lodged by litigants or members of the general public against mediators accredited in terms of the Mediation Directive of the Gauteng Division of the High Court (“the Directive”). The complaints process is guided by the Mediation Protocol for the Gauteng Division of the High Court (“the Protocol”) and applies only to mediators appointed under court-annexed mediation facilitated by AFSA.
2.1. Any complaint against a mediator must be submitted in writing to AFSA and emailed to mediation@arbitration.co.za.
2.2. The written complaint must contain the following:
2.3. Anonymous complaints will not be considered unless accompanied by substantial supporting evidence.
3.1. AFSA will acknowledge receipt of the complaint within five (5) working days of receipt.
3.2. The Registrar will conduct an initial review to determine whether the complaint falls within the jurisdiction of AFSA as an RMO and whether it discloses a prima facie case of misconduct or professional impropriety.
3.3. If the complaint does not meet these requirements, it may be dismissed at this stage with written reasons provided to the complainant.
4.1. In cases where the complaint is found to be an instance of gross negligence or gross incompetence, it will be referred to a relevant committee (“Committee”) established by AFSA.
4.2. The Committee shall consist of at least three (3) members.
4.3. The Committee may request further written submissions from the mediator under complaint and the complainant and/or hold a hearing as may be necessary.
5.1. Upon consideration of the complaint and any submissions received, the Committee may make any of the following findings within 60 days:
5.2. A written decision will be provided to both the complainant and the mediator, with reasons.
6.1. A mediator may request a review of a sanction of suspension or removal within ten (10) working days of receiving the decision. Such a request must be submitted in writing and must set out the grounds for review.
6.2. The review shall be considered by a separate independent panel appointed by AFSA, whose decision shall be final.
Where a mediator is suspended or removed, AFSA shall update its records and inform the Office of the Judge President of the Gauteng Division, as well as any other relevant stakeholders.
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.
