AFSA will administer and refer such matters in terms of its processes as outlined in the form for Request for Court-Annexed Mediation.

• The parties have a right to choose a Mediator by agreement amongst themselves or to request AFSA to appoint a Mediator where the parties have not agreed amongst themselves on a Mediator.
• Under AFSA, Mediators will follow the facilitative method of mediation chosen by the court, and a genuine attempt will be made to assist the parties to reach a mutually acceptable settlement.
• At the end of the mediation, the mediator will advise AFSA of the outcome of the mediation, and AFSA 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 the event that the parties have settled the matter, the mediator will assist the parties to draft a settlement agreement in accordance with the AFSA Mediation Rules.
• Should the parties not settle the matter and AFSA has issued a certificate in this regard, the parties may use such certificate in pursuance of their right to be heard by the court under the Court Annexed Mediation Protocol.
• Parties are welcome to approach AFSA for mediation services even before enrolling their matters with the Gauteng High Court, where the normal procedure set out above shall apply.
• The parties are further welcome to approach AFSA with their matters where such matters are referred to mediation either by direction of a particular judge (court order) or by a Directive issued by the leadership of any court.