Preparing Social Workers for Alternative Dispute Resolution in Care and Protection Cases

Abstract

The Children's Act 38 of 2005 contains provisions enabling utilisation of alternative dispute resolution (ADR) in cases involving children. This article focuses on the specialised training required to prepare social workers to be effective ADR practitioners. By drawing on comparative data, the article demonstrates that it is essential for social workers to receive such training in South Africa. The nature of the training that would be required to empower South African social workers to be effective ADR facilitators in care and protection cases is explored. Proposals for a South African training programme are put forward.

Parental Responsibilities and Rights of Unmarried Fathers: Court Decisions and Implications for Social Workers

“…It is beyond the scope of this article to explore the scope and content of such training. For a South African perspective on alternative dispute resolution training see Matthias (2014) andDe Jong (2009).…”

Parameters of Confidentiality in Child Protection Alternative Dispute Resolution

“…A matter may not be referred to pre-hearing conferences or other lay-forums if there have been allegations of abuse or sexual abuse of a child (sections 69(2) and 71(2)). However, no similar prohibition has been made in relation to mediation and family group conferences (for further discussion on this see Matthias (2014b); Schäfer (2011).…”

“…Another way of improving the implementation of child protection ADR would be by providing a code of ethics for ADR facilitators in South Africa (see Matthias 2014b;De Jong, 2009) (2015). These standards provide detailed guidelines on the duties of confidentiality for mediators.…”