Alternative dispute resolution in the best interests of the child

• Main Author: Van Zyl, Lesbury
• Format: Others
• Language: English
• Published: Rhodes University 1995
• Subjects: Divorce mediation > South Africa; Dispute resolution (Law) > South Africa; Custody of children > South Africa
• Online Access: http://hdl.handle.net/10962/d1003212

The development of private divorce mediation appears to offer a friendly and informal alternative to the "hostile" adversarial divorce. A close analysis of its claims, however, shows them to be largely unproven. Urgent attention should therefore be given to the philosophical base of the movement. There is also a need for empirical research and for standardised training. Further unanswered questions relate to the part to be played by different professions, and to professional ethics. It is submitted that the appointment of Family Advocates is a step in the right direction but that the establishment of a full Family Court will best protect children's interests.