- CAJAC
- SADC Alliance
- BRICS
Duration: Half Day Session (Saturday morning)
Time: 08H30 – 12H30
Registration Deadline – 19 March
The Road Accident Fund Mediation course offers legal professionals the opportunity to enhance their skills in one of the fastest-growing fields of dispute resolution in South Africa. This half-day training is presented by leading practitioners in the field of mediation and road accident compensation.
Mediation is an increasingly important tool in resolving disputes involving the Road Accident Fund (RAF), as it offers a faster and more cost-effective alternative to litigation.
Principles of RAF Mediation: Overview of the role of mediation in resolving disputes involving the Road Accident Fund. Participants will explore how mediation can provide a more efficient and accessible way of resolving disputes over claims for compensation. The session covers the nature of RAF mediation and highlights the benefits of mediation over traditional litigation in terms of cost, time, and flexibility.
Mediation Procedures in RAF Cases: An exploration of the step-by-step mediation process, including how disputes are referred to mediation, the selection of mediators, and the preparation of both parties. This topic addresses the role of the mediator, including guiding the parties toward resolution, managing the mediation session, and assisting in drafting binding settlement agreements.
Ethics in RAF Mediation: A look at the ethical considerations in mediation, focusing on the impartiality of the mediator, confidentiality, and ensuring that parties are fully informed and engaged in the process. Participants will also learn best practices for managing power imbalances between the claimant and the Road Accident Fund.
Legal Framework for RAF Mediation: An overview of the legal framework governing RAF mediation. Participants will understand the legal principles that underpin RAF disputes, including the limitations imposed by the legal framework and how it affects mediation outcomes.
Use of Medico-Legal Evidence in Mediation: Participants will learn how to handle and evaluate medical reports and other expert evidence in the mediation process. The session will cover the critical role of medico-legal reports in RAF disputes and the approach to assessing medical evidence, particularly for general damages and future medical costs.
Damages and Compensation: Understanding the various heads of damages under the RAF, including medical expenses, loss of income, and general damages. The session will cover how mediators can assist the parties in determining appropriate compensation by assessing the severity of injuries, future care requirements, and other related factors.
Managing Complex Disputes in RAF Mediation: Addressing challenges such as disputed liability, contributory negligence, and compensation limits. Participants will learn how to navigate complex issues and ensure that both parties reach a fair and binding settlement. The module will also highlight common pitfalls in RAF mediation and provide strategies for overcoming them.
Settlement Agreements: Best practices for drafting settlement agreements in RAF mediation. This segment will focus on how mediators can help both parties draft clear, enforceable settlement agreements, ensuring that all terms are accurately captured and the agreement is legally sound.
This module is delivered as a half-day workshop, with a blend of expert instruction and practical exercises:
Expert Presentations: Facilitators, who are seasoned mediators and experts in RAF disputes, will introduce key concepts, laws, and procedures. These talks will be supplemented with real-world examples and case studies.
Interactive Discussions: Throughout the session, participants will be encouraged to share experiences and engage in discussions with peers and facilitators. This collaborative approach will help participants understand how theory translates into practice in RAF mediation.
Role-Playing and Practical Exercises: A significant part of the session will be dedicated to role-playing exercises where participants will take on the roles of mediator, claimant, and representative of the Road Accident Fund. These exercises simulate actual mediation sessions, providing a hands-on learning experience that mirrors real-world scenarios.
Q&A and Debriefing: After each major topic, there will be a Q&A session, where participants can ask questions and discuss any challenges they anticipate facing in real-life RAF mediation scenarios.
Judge Margie Victor is a distinguished legal practitioner and jurist with a career spanning over four decades, marked by a strong commitment to justice, transformation, and alternative dispute resolution.
Her professional journey began as a qualified social worker, before she transitioned into law, first as an attorney and then as an advocate at the Johannesburg Bar. Over 25 years of advocacy, her practice encompassed environmental law, commercial litigation, and family law.
Judge Victor was the first woman elected to the Johannesburg Bar Council, where she championed gender and racial transformation in the legal profession. In 2008, she was appointed as a Judge of the Gauteng Local Division of the High Court of South Africa (Johannesburg). Her judicial career included serving on the Competition Appeal Court, where she acted as Judge President, and as an Acting Justice of both the Supreme Court of Appeal (2016) and the Constitutional Court (2019-2021). She was instrumental in the landmark Sylvia Mahlangu v Minister of Labour judgment, which extended workplace injury insurance to domestic workers, integrating constitutional jurisprudence with intersectional considerations of race, gender, and social origin.
Through formal mentorship programmes and training workshops, she has mentored countless aspiring judges, legal practitioners, and students locally and internationally. Judge Victor has also served on the Board of the Institute of African Women Lawyers, promoting gender equality across the continent.
After retiring from the judiciary, she continued her dedication to dispute resolution as the Ombud for the Long- and Short-Term Insurance industry. Her enduring passion for Alternative Dispute Resolution makes her an invaluable presenter in the AFSA ADR Programme, where she brings her wealth of experience in mediation, arbitration, and judicial excellence.