The Official F4J SA Position: Mandatory Mediation is Non-Negotiable
Our Submission to the South African Law Reform Commission
EXECUTIVE SUMMARY: Our Core Demands
- Mediation Must Be Automatic: Mandatory mediation must be the default, non-negotiable first step in all family law disputes (contact, care, maintenance, parenting plans).
- Binding Arbitration: Should mediation fail, the matter must automatically proceed to binding arbitration without delay or further court application.
- Strict 90-Day Deadline: The full mediation and arbitration process must be completed within ninety (90) calendar days to ensure swift justice for the child.
- Stop Court Abuse: Adversarial litigation as the first step is unnecessary, wasteful, and violently damaging to families and must be prohibited.
1. Why We Support & Challenge the New Gauteng Directive
Fathers 4 Justice South Africa (F4J SA) warmly commends the Honourable Judge President Dunstan Mlambo of the Gauteng Division for his Directive making mediation mandatory in civil matters, including family law. This is a crucial step towards recognizing the urgent need for reform.
Our View: The Directive *Does Not Go Far Enough*
While applauding the move, we respectfully submit that mandating mediation merely as a procedural step for court entry is insufficient. Mediation in family law must be automatic, mandatory, and binding as the sole point of departure, without the need for an initial court application.
2. Proposed Legally Compliant ADR Process
We propose a comprehensive, time-bound, and legally compliant process for family disputes, formalized at the Magisterial level to ensure uniform application nationwide:
Strict Resolution Timeline
- Day 1: Mediation/ADR commences immediately upon separation.
- Married Couples: Mediation completed within 10 one-hour sessions (max 5 weeks).
- Unmarried Couples: Mediation completed within 6 one-hour sessions (max 3 weeks).
- Total ADR Period: Mediation and automatic arbitration (if needed) must be concluded within 90 calendar days.
- Total Finalization: The maximum time for the entire process, including any necessary court adjudication, MUST NOT exceed 150 calendar days.
Binding Decisions & Court Exclusion
- Binding Agreements: All agreements reached during mediation are final and binding.
- Arbitration Scope: Arbitration is limited only to outstanding unresolved issues.
- Court of Lodgement: Final settlements and parenting plans must be submitted to the Magistrates’ Court only, not the High Court.
- Limited Court Adjudication: A maximum of two (2) issues may be referred to court after arbitration, with the court having no power to renegotiate settled matters.
3. Essential Systemic Reforms for Efficacy
Mandatory mediation will fail unless the underlying systemic flaws and gender bias in the Children’s Act are simultaneously corrected. These non-negotiable reforms were submitted to the Department of Social Development years ago:
- Repeal of Biased Sections: Repeal the gender-biased Sections 19, 20, and 21 of the Children’s Act.
- Automatic Equal Rights: Mandate automatic 50/50 parental rights and responsibilities from birth, irrespective of gender, marital status, culture, or religion.
- Criminalize False Allegations: The making of false allegations must automatically result in criminal charges (perjury/defeating the ends of justice) with no judicial discretion.
- Parental Alienation: Legally recognize Parental Alienation Syndrome (PAS) as a form of child abuse, resulting in criminal prosecution for the alienating parent and any complicit professionals.
- Unlawful Relocation: Unauthorized relocation of a child must result in the child’s immediate return to the original residence, with the relocating parent bearing all associated costs.
A Note on Adversarial Litigation
“It is immediately evident that lawyers are behaving in their usual disgraceful and self-serving manner, dragging urgent reform into the Constitutional Court to obstruct immediate access to effective justice. This challenge is not about protecting rights or enhancing fairness; it is about safeguarding their grotesque financial interests. It is about maintaining the machinery that generates blood money from the suffering of children and families.”
F4J SA is crystal clear: The legal justice system, particularly concerning family law, operates as a con. We exist precisely because the current adversarial model has no interest in service, only in greed. Mandatory mediation is the immediate solution.
Need Help with Your Parenting Plan Now?
Don’t wait for the courts. Contact us today to learn how mandatory mediation can secure your parental rights faster, cheaper, and with less trauma.
Book a Confidential Mediation Assessment