New ADR (Mediation) Law: A New Way Forward for Families in Conflict
How proposed reforms could transform family dispute resolution in South Africa
The South African Law Reform Commission has released a landmark report — Project 100A: Alternative Dispute Resolution (ADR) in Family Matters — together with a draft Family Dispute Resolution Bill (November 2025).
The aim is to fundamentally change how family disputes are handled, shifting away from costly, adversarial court proceedings and toward collaborative, child-centred problem-solving.
These reforms closely align with the Gauteng High Court’s 2025 Mediation Directive, which repositioned mediation as the first step — not the last resort — in resolving disputes.
Why the System Is Changing
Family court proceedings have long been criticised for being:
Slow and expensive, often lasting years
Emotionally damaging, particularly for children
Adversarial, intensifying conflict between parents and partners
The proposed Family Dispute Resolution Bill seeks to replace this with a system that:
Encourages early and peaceful resolution
Keeps children’s voices and best interests central
Provides faster and more affordable access to justice
What the Proposed Law Will Do
Mandatory Family Mediation Before Court
Before a family dispute can be taken to court, parties will be required to attend mediation with a certified family mediator.
Mediation will address issues such as:
Parenting arrangements
Maintenance
Property and financial disputes
Only once mediation has occurred — and a certificate of outcome has been issued — may litigation proceed. If a party unreasonably refuses to mediate, the court may make an adverse costs order.
Limited exceptions include:
Domestic violence or child abuse
Urgent matters where safety is at risk
Prior unsuccessful mediation
Collaborative practice agreements
Situations where mediation would cause undue hardship
Information and Education Before Litigation
All parties entering the family-justice system will be required to attend a compulsory information and education session.
This programme will explain:
Available ADR options
The benefits of mediation and collaboration
The emotional and legal impact of conflict on children
A certificate confirming attendance will be required before any court process may begin.
Accreditation and Professional Standards
The Bill introduces national standards for mediators, parenting coordinators, and family arbitrators.
To remain certified, professionals must:
Be trained and accredited by recognised bodies
Demonstrate ethical integrity and competence
Complete ongoing professional development
Annual community service — such as pro bono mediation work — will also form part of certification requirements.
Expanded ADR Options
Beyond mediation, the Bill establishes a broader family-resolution framework, including:
Collaborative Family Practice
Lawyers and allied professionals work together to resolve disputes without litigation.Family Arbitration
Financial and property disputes may be arbitrated, with any matters affecting children still requiring court confirmation.Parenting Coordination
Trained professionals assist high-conflict parents in implementing parenting plans and resolving ongoing disputes.
Putting Children First
A central feature of the Bill is its strong child-focused approach.
Children’s voices must be meaningfully heard, often through child-inclusive mediation or independent child specialists
Mediators must screen for abuse, coercion, and domestic violence before mediation begins
ADR processes must stop immediately if safety or wellbeing is compromised
This reflects South Africa’s constitutional principle that the best interests of the child are paramount.
How This Links to the Gauteng Mediation Directive
The June 2025 Gauteng High Court Directive made mediation mandatory in civil matters within that division.
The Family Dispute Resolution Bill extends this philosophy nationally, specifically for family law disputes.
Together, these reforms make one thing clear:
mediation is no longer optional — it is becoming the foundation of family justice in South Africa.
What This Means for Families
Less time spent in court
Earlier access to practical, affordable solutions
Greater focus on children’s wellbeing
Litigation reserved for complex or unsafe cases
Harmony Mediation’s Role
At Harmony Mediation, we welcome these developments and support a more compassionate approach to resolving family conflict.
Our accredited mediators assist clients to:
Navigate the new family-dispute framework
Prepare for mandatory mediation
Draft parenting plans and settlement agreements
File mediation certificates required by the court
We combine professionalism with empathy, helping families move forward with dignity and clarity.
Final Thoughts
The Family Dispute Resolution Bill represents a turning point in South African family law.
By making mediation and collaboration the default — and litigation the exception — it moves the justice system closer to what families truly need: a fair, efficient, and humane process that prioritises healing over hostility.
Need Guidance on Family Mediation?
If you are separating, divorcing, or struggling with parenting arrangements, our mediators can help you understand how these proposed changes may affect you.
Contact Harmony Mediation to book a confidential consultation and take the first step toward resolution.
