New ADR ( Mediation ) Law
A New Way Forward for Families in Conflict
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 goal is to transform how family disputes are handled in South Africa, moving away from expensive, adversarial court battles and toward collaborative, child-centred problem-solving.
This reform aligns closely with the Gauteng High Court’s 2025 Mediation Directive, which made mediation the first step, not the last resort, in most civil cases.
Why the System Is Changing
Court proceedings in family matters have long been criticised for being:
Slow and costly, often lasting years.
Emotionally damaging, especially to children.
Adversarial, pitting parents and partners against each other.
The new Family Dispute Resolution Bill seeks to replace this with a system that:
Promotes early and peaceful resolution of disputes.
Ensures children’s voices and best interests are always central.
Gives families faster, more affordable access to justice.
What the Proposed Law Will Do
1. Mandatory Family Mediation Before Court
Before anyone can take a family dispute to court, they will be required to attend mediation with a certified family mediator.
The mediator will help the parties find common ground and reach an agreement on issues such as parenting arrangements, maintenance, and property division.
Only once mediation has taken place — and a certificate of outcome has been filed — can a case go to court.
If someone refuses to mediate without good reason, the court may order them to pay costs.
Exceptions will apply in limited circumstances, including:
Domestic violence or child abuse.
Urgent applications (for example, where child safety is at risk).
Previous unsuccessful mediation.
Collaborative practice agreements.
Situations where mediation would cause hardship.
2. Information and Education Before Litigation
Every person entering the family-justice system will first need to attend an information and education session.
This short, compulsory programme explains:
The available ADR options.
The benefits of mediation and collaboration.
The emotional and legal impact of conflict on children.
No one will be able to proceed to court without a certificate confirming attendance.
3. Accreditation and Professional Standards
The Bill introduces national standards for mediators, parenting coordinators, and family arbitrators.
To be certified, a mediator must:
Be trained and accredited by a recognised mediation organisation.
Demonstrate competence and ethical integrity.
Undertake continuing professional development on an ongoing basis.
Annual community service — for example, offering pro bono mediation hours — will also be part of maintaining certification.
4. New ADR Options
The Bill goes beyond mediation to establish a comprehensive family-resolution framework, which includes:
Collaborative Family Practice: Lawyers and other professionals work together to help families reach an agreement without litigation.
Family Arbitration: Disputes may be referred to arbitration, particularly for financial or property issues. Any award affecting children must still be confirmed by the court.
Parenting Coordination: Qualified professionals assist high-conflict parents in implementing and monitoring parenting plans and resolving ongoing disputes.
Putting Children First
One of the Bill’s strongest features is its child-focused design.
The child’s voice must be actively heard in all ADR processes, typically through an independent child specialist or mediator trained in child-inclusive practice.
Mediators must screen for abuse, coercion, and domestic violence before mediation begins.
No ADR process can continue if it compromises safety or well-being.
This is consistent with 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 for all civil cases in that division.
The Family Dispute Resolution Bill extends this philosophy nationwide — but specifically for family law matters.
Together, these reforms show a clear direction for South African justice: mediation is no longer optional. It is becoming the cornerstone of how disputes are resolved.
What This Means for Families
You will spend less time in court and more time focused on practical solutions.
Mediation will be your first step, allowing you to reach agreement privately and affordably.
Children’s wellbeing and voices will take priority.
Only complex or unsafe cases will proceed to full litigation.
Harmony Mediation’s Role
At Harmony Mediation, we welcome these developments and support a more compassionate approach to conflict resolution.
Our accredited mediators assist clients to:
Navigate the new family-dispute process.
Prepare for mandatory mediation.
Draft parenting plans and settlement agreements.
File the required mediation certificates for court submission.
We combine professionalism with empathy, helping families move forward with dignity and clarity.
Final Thoughts
The Family Dispute Resolution Bill marks a turning point for family law in South Africa.
By making mediation and collaboration the default — and litigation the exception — it brings our 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 new rules apply to your situation.
Contact Harmony Mediation today to book a confidential consultation and take the first step toward resolution.
