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Mediation Court Annexed Competency

AFSA’s mediation policy on Court-Annexed Learning and Competence requirements.

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AFSA Mediation Policy on Court-Annexed Learning and Competence Requirements

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AFSA Mediation Policy Competence

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Court Annexed Mediation Good Standing Questionnaire

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AFSA acknowledges that learning and competence may be acquired through diverse formal, non-formal, and experiential pathways. This policy enables mediation practitioners with demonstrable prior learning and substantial practical experience to be exempted from the post-training competency assessment by an independent assessor, provided they have completed a 40-hour mediator training course accredited by AFSA or an Recognised Mediation Organisation (RMO) recognised by AFSA. The purpose of this policy is to promote fair access, uphold quality assurance, and enable the recognition of professional maturity in mediation practice, in alignment with national and international mediation standards.

This policy is grounded in the Mediation Protocol of the Gauteng Division of the High Court, which permits recognition by an RMO through a Recognition of Prior Learning (RPL) policy. AFSA, as a RMO, is authorised to assess and certify mediators in accordance with these standards.

This policy applies exclusively to:

  • Graduate professionals who have completed a 40-hour accredited mediation training programme through AFSA or another RMO acceptable to AFSA; and
  • Seek exemption from the final independent competency assessment on the basis of demonstrable and assessed prior learning and practical mediation experience.

This policy does not waive the requirement to complete the full 40-hour training. It only waives the requirement for the post-training assessment in cases where prior learning demonstrably meets or exceeds the competency outcomes normally assessed.

To apply under this policy, an applicant must:

  1. Be a graduate professional from a recognised institution (any field);
  2. Have completed a 40-hour mediator training course that has been approved by AFSA or delivered by an RMO recognised by AFSA; and
  3. Demonstrate prior learning and experience that reflects: – A sound grasp of mediation theory and process;
    – Practical skill in convening and conducting mediations; and
    – Ethical awareness, neutrality, and process management capability.

Applicants must submit the following:

  • RPL Application Form (available from AFSA);
  • Certified copy of the 40-hour training certificate or proof acceptable to AFSA;
  • Comprehensive Curriculum Vitae, including mediation history;
  • Portfolio of Evidence demonstrating prior learning and competence, which may include:
    – Mediation case logs or records;
    – Party evaluations or feedback forms;
    – Testimonials from co-mediators or parties; Professional endorsements;
    – Awards, publications, or teaching in mediation;
    – Evidence of prior assessment (where applicable);

6.1 RPL Evaluation Panel

AFSA will convene an ad hoc RPL Evaluation Panel composed of:

  • The Chief Executive Officer of AFSA; and
  • Two representatives from AFSA’s Mediation Training Academy.

6.2 Assessment Methodology

The Evaluation Panel will:

  • Review all submitted materials;
  • Evaluate the authenticity, sufficiency, and relevance of the evidence;
  • Conduct an interview, where necessary, to test experiential insight and ethical judgment;
  • In exceptional cases, request a practical demonstration, such as a structured simulation or peer-reviewed case summary.

Outcomes will be one of the following:

  • Recognised as Competent: The applicant is exempted from the post-training assessment and deemed a Qualified Mediator for court-annexed mediation;
  • Conditionally Recognised: The applicant must undergo additional activities (e.g. observation, written task, peer review) before recognition is granted;
  • Not Recognised: The applicant does not meet the standard and must complete the post-training assessment through the standard route.
    Applicants will be notified in writing, with reasons and recommendations clearly stated.

Applicants may appeal within 14 days of receiving the outcome. Appeals must be in writing, addressed to the AFSA Chairman, and must include:

  • Grounds for appeal;
  • Any new evidence not previously submitted.
    An Appeals Panel, constituted independently of the original Evaluation Panel, will issue a final determination.

All RPL applications and supporting documents shall be securely stored and treated as confidential. AFSA will maintain a register of all successful RPL candidates

This policy shall be reviewed every two years, or sooner if required by changes in legislation, court directives, or international best practice.

“ 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 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.

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