We hosted Jonell Ngimbi and Octavia Fitzpatrick from Badisa. They were here to explain to us what mediation is. A *mediation social worker appointed by the Children’s Court* is a neutral professional who helps families sort out disputes about children without going straight to a full court battle. In South Africa, this comes from the Children’s Act 38 of 2005. Here’s what they actually do: 1. *Facilitate mediation between parties* They bring together parents, caregivers, or other parties who disagree about a child’s care, contact, guardianship, or placement. - The goal is to get everyone to reach an agreement that’s in the *best interests of the child* - that’s the legal standard the court uses. - They don’t take sides. Their job is to keep the conversation focused on the child, not on the adults’ conflict. 2. *Assess the child’s situation* Before or during mediation, the social worker will: - Interview the child if they’re old enough and mature enough to express a view - Talk to parents, caregivers, teachers, and others involved - Look at the home environment, safety risks, and the child’s needs This feeds into a report the court uses if mediation doesn’t resolve everything. 3. *Draft a parenting plan or agreement* If the parties agree, the mediation social worker helps draft a *parenting plan* covering: - Where the child lives - Contact arrangements with each parent - Decision-making on education, health, religion - Maintenance and other practical matters The plan can be made a *court order* by the Children’s Court, making it legally enforceable. 4. *Report back to the Children’s Court* If mediation fails or only partially works, the social worker submits a report to the magistrate with: - What was agreed and what wasn’t - Recommendations on what’s in the child’s best interests - Any risks or concerns about abuse, neglect, or unsafe care The magistrate then uses that report to make a decision. 5. *Protect the child’s voice* Children’s Courts are “child-centered”. The social worker makes sure the child’s views and needs aren’t drowned out by adult conflict. For older kids, this can mean speaking directly to the magistrate or having their views included in the report. 6. *What they can’t do* - They can’t make binding decisions themselves. Only the magistrate can make court orders. - They aren’t there to provide therapy, though they may refer families to counseling. - They don’t investigate criminal matters - that’s for police and designated social workers. ---------------------------------------------------------- *Why the court uses them*: It’s faster, cheaper, and less traumatic for the child than a full contested hearing. Most disputes over contact and care can be resolved if someone helps the adults focus on the child instead of fighting each other. *Typical cases*: Disputes between separated parents over contact, disputes between grandparents and parents, disagreements about school placement, and cases where the Department of Social Development is involved but removal isn’t needed yet. If you’re dealing with a specific case, the mediation social worker will usually contact you after the court makes the appointment. You can also request mediation at the Children’s Court before things escalate to a full trial. WhatsApp us on: 068 102 4094 and follow our channel Subscribe to our YouTube Channel to see our full interviews: @inspireelsiesradio TikTok: Inspireelsiesradio1 www.inspireelsiesradio.co.za Download our app on Google Play and the App Store.