AFSA’s Mediation Code of Conduct sets the ethical standards for mediators, ensuring neutrality, integrity, and accountability in every mediation.
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AFSA’s Mediation Code of Conduct sets the ethical standards for mediators, ensuring neutrality, integrity, and accountability in every mediation.
By accepting appointment to the Panel of Mediators established and maintained by the Arbitration Foundation of Southern Africa (hereinafter “AFSA”), each mediator formally and unequivocally undertakes to uphold the highest standards of professional integrity, ethical conduct, and institutional cooperation. By accepting an appointment to mediate a matter, each mediator formally and unequivocally undertakes to uphold the highest standards of professional integrity, ethical conduct, and institutional cooperation. These principles are fundamental to the legitimacy and effectiveness of mediation under AFSA’s auspices and reflect a broader commitment to the promotion of access to justice and the peaceful resolution of disputes.
The mediator undertakes to exercise his or her mandate with fairness, objectivity, and a firm commitment to the administration of justice between the parties. The mediator must ensure that the mediation process promotes procedural fairness, balances party autonomy with equitable outcomes, and upholds the principles of good faith and respect for all parties. The mediator shall actively foster an environment conducive to constructive dialogue and voluntary settlement, while remaining mindful of any power imbalances that may undermine the integrity of the process.
A mediator shall not accept an appointment unless satisfied that there exists no circumstance, whether personal, professional, financial, or otherwise, that may compromise, or reasonably be perceived to compromise, the mediator’s independence or impartiality.
Prior to appointment, the mediator must disclose to AFSA’s Secretariat any interest, relationship, prior engagement, or circumstance that may give rise to a conflict of interest or reasonable apprehension of bias. The duty of disclosure is continuing in nature and shall be fulfilled promptly and fully upon becoming aware of any such circumstance. Where appropriate, the mediator shall recuse him- or herself or seek direction from AFSA to ensure the credibility of the process is maintained.
Mediators must at all times perform their functions with professional diligence, care, and competence. The mediator shall treat all participants in the process with dignity, patience, and respect, irrespective of background, status, or the merits of their respective positions. The mediator’s conduct shall reflect a high standard of professional courtesy, cultural sensitivity, and ethical awareness. The mediator must avoid conduct or remarks that could be interpreted as dismissive, prejudicial, or offensive.
The mediator shall allocate sufficient time and attention to each mediation to ensure effective preparation, considered engagement, and meaningful facilitation. This includes, inter alia, familiarising oneself with the materials submitted, understanding the issues in dispute, and preparing a structured and responsive process design. During mediation proceedings, the mediator must remain fully present, attentive, and responsive to the evolving dynamics of the discussion.
Confidentiality is a cornerstone of the mediation process. The mediator shall preserve the confidentiality of all information, records, and communications disclosed during the mediation process unless:
This duty extends beyond the conclusion of the mediation process and encompasses both the content of discussions and the fact of participation.
Mediators shall conduct proceedings in a manner that avoids unnecessary delay and cost, promotes procedural economy, and ensures that each party has a fair opportunity to present their case and respond to the other. The mediator shall apply a flexible, party-centred approach that facilitates efficient resolution while protecting fundamental principles of fairness and equal treatment.
The mediator agrees to abide by any guidelines, ethical standards, or directives issued by AFSA relating to the appointment, conduct, or disqualification of mediators.
The mediator shall report to AFSA’s Secretariat without delay:
The mediator acknowledges that AFSA reserves the right to investigate such matters and to determine whether the mediator should remain on its Panel of Mediators or is suitable for appointment.
The mediator undertakes to cooperate fully with the AFSA Secretariat in the administration of the mediation process, including timely communication, compliance with administrative procedures, and cooperation in post-mediation follow-up where required. The mediator acknowledges that their performance and conduct may be reviewed by AFSA, and that continued inclusion on the Panel may be contingent upon adherence to these standards. Where AFSA has implemented a performance evaluation or scoring system, the mediator accepts that this will form part of the institution’s quality assurance mechanism and may influence future appointments.
By accepting appointment, the mediator affirms this Declaration as a condition of their continued membership on the AFSA Panel of Mediators or as a mediator appointed to a specific matter. The mediator acknowledges that this undertaking reflects not only obligations toward the parties and AFSA, but also a broader responsibility to the integrity of the mediation profession and the administration of justice in South Africa and beyond.
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.
