WHAT IS SPECIAL MEDIATION?

Special mediation refers to the mediation of disputes that fall under certain “special” categories as prescribed by the law. This vein of mediation differs only marginally to community mediation in that the differences lie with respect to its set-up and process.

The Mediation (Special Categories of Disputes) Act No. 21 of 2003 is the legislative rock upon which special mediation is built and provides for the establishment of mediation boards for the settlement of special categories of disputes. These special categories are determined by the Minister of Justice by Order published in the Gazette.

Special mediation as a concept was born in recognition of the need to provide access to justice in relation to disputes stemming from social and economic issues. It was also envisioned to address the gap in terms of facilitating disputes between private parties and the State.