Non-Confrontational Mediation Techniques in South African Courts: Adoption and Outcomes over Three Years

Domestic violence is a significant issue in South Africa, with victims often facing barriers to accessing justice through traditional legal processes. The study employed a qualitative approach, analysing data from court records and interviews with judges, mediators, and clients to evaluate the effectiveness of these techniques. A notable trend emerged where cases involving domestic violence were more likely to be accepted for mediation compared to other types of disputes. For instance, over 75% of domestic violence cases within the study period were accepted for mediation. Non-confrontational mediation has become a recognised and effective method in South African courts for handling domestic violence cases, leading to improved client satisfaction and case acceptance rates. Continued support for training mediators on non-confrontational techniques and further research into the long-term effects of these methods are recommended.