Facilitation explained



Please ensure that you have the correct facts before making decisions with regards to mediation, facilitation or litigation. Here as some facts.


  • Mediation is the best way to resolve disputes between parents. Unfortunately, it often happens that one parent is unwilling or unable to join the mediation process.
  • Mediation is a voluntary process and parties cannot be forced to mediate.
  • A mediator has no power and cannot force either party into an agreement.

The Children's Act 38 of 2005

Chapter 2, Part 6 includes:
       "4) In any matter concerning a child-
                a) an approach which is conducive to conciliation and problem-solving should be followed and a confrontational approach should be avoided; and
                b) a delay in any action or decision to be taken must be avoided as far as possible."


  • Facilitation was introduced to assist parents in high-conflict and is only implemented in the Western Cape.
  • A facilitator is not a mediator (although the aim is to first attempt to resolve disputes through mediation.)
  • The facilitator will listen to both parties and then issue a binding directive. It is important to note that should one party not agree with the directive, that party is required to approach the court to have the directive overturned.
  • Facilitators (like case managers in other provinces) are normally appointed by a court order. Note both parents have to agree in writing in order to terminate the services of a facilitator.
  • Facilitators are often attorneys, also practicing as facilitator. Facilitation can easily cost more than a court application.
  • Facilitation may be replaced by Parenting Coordinators.

Posted by CoParenting

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