SALRC Report on Family Law Alternative Dispute Resolution

Posted 11 November 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The South African Law Reform Commission (SALRC) has finalised a report proposing a new integrated approach to family law dispute resolution.

In terms of the South African Law Reform Commission Act, No. 19 of 1973, the Commission has submitted a report on alternative dispute resolution (ADR) in family matters to the Minister of Justice & Constitutional Development, Mmamoloko Kubayi. The report, submitted in December 2024, focuses specifically on ‘care and contact with children’ and seeks to establish a regulatory framework that minimises conflict during the dissolution of parental relationships.

Central to the report is a draft Bill designed to provide an accessible and affordable legal system for family disputes. The proposed legislation is underpinned by four specific ADR mechanisms intended to streamline the resolution of matters that would otherwise require protracted litigation under the Children’s Act, No. 38 of 2005. These recommendations align with the government’s goal of providing timely legal solutions within a democratic and respected legal system.

The Commission clarified that this report and the resulting draft Bill are distinct from its separate investigation into a generic mediation statute. That parallel work, which focuses on commercial, civil, and community mediation, saw the release of a discussion paper for public comment in January 2025. Practitioners should note that the current report concludes the SALRC’s specific work on family-related ADR.

What this means for you, your business, or your clients

  • For yourself: Family law practitioners must review the draft Bill’s four ADR mechanisms to prepare for potential mandatory mediation or arbitration requirements in care and contact cases.
  • For your business: Legal practices should audit their current family law litigation workflows to identify where the proposed integrated ADR approach can be implemented to reduce case backlogs and operational costs.
  • For your clients: Clients involved in care and contact disputes should be informed that the proposed Bill aims to provide a more affordable, non-adversarial path to resolution than current High Court or Children’s Court litigation.

Originally published at https://legalacademy.co.za/news/read/family-law-salrc-publishes-care-contact-with-children-report

The views expressed herein are those of the author and do not necessarily reflect those of Acts Online. Acts Online accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.