oa Comparative and International Law Journal of Southern Africa - Mediation - the increasing necessity of incorporating cultural values and systems of empowerment

Volume 27, Issue 1
  • ISSN : 0010-4051



Fundamental to the concept of mediation is that it 'is a dynamic open-ended process during which the parties are empowered by the mediator through their need to settle. For mediation to be of value, it must take into account the different cultures, personalities and value systems of both the mediator and the spouses. What must be borne in mind is that the 'parties to the dispute are operating within a complex dynamic environment where each party is changing in relation to the other'. Mediation can take such dynamism into account only if it is realised that all the parties to the mediation, that is, the mediator, the spouses and their children are influenced by and, in turn, influence all the other components of the system.

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