South African Law Reform Commission: Call for Public Comment on Mediation Act
The South African Law Reform Commission has released Discussion Paper 168 for public comment, focusing on the need for a generic mediation statute covering commercial, civil, and community mediation. The paper is part of Project 94, which aims to improve the legal framework for resolving disputes through mediation, making it fair, efficient, and cost-effective. It also proposes creating a Mediation Bill that would regulate the profession, define procedures, and ensure the enforcement of mediated agreements, including those from international commercial mediation under the Singapore Convention.
This paper does not address family-related mediation, as that was covered in an another project (Project 100A). The Commission is seeking public responses and feedback, which will guide future legislation to be presented to the Minister of Justice. It also encourages input on community mediation, suggesting that further discussions on its regulation and funding are needed, particularly at the local government level.
Stakeholders are requested to submit their comments by 30 April 2025. The Commission plans to hold in-person and virtual workshops and invites stakeholders to express interest in attending.
Enquiries about discussion paper 168 should be addressed to Mr Pierre van Wyk at pvanwyk@justice.gov.za (until 28 February 2025) and to Dr Dellene Clark at dclark@justice.gov.za (until the finalisation of this investigation).
Respondents are requested to submit written comment, representations or submissions to the Commission by 30 April 2025 to the following address:
The Secretary South African Law Reform Commission
Private Bag X668
Pretoria
0001
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