African Institute for Mediation

What is AIM’s Vision?

It is the vision of AIM that, through training, research and community involvement, AIM will make a significant contribution to establishing mediation as a primary mode of dispute resolution in Africa. AIM is a Section 21 Company (public benefit organisation not for gain) registration number 2006/038167/08.

What are AIM’s objectives?

The principle objective of AIM is to promote mediation as a mechanism of dispute resolution. In particular AIM seeks to:

Promote the use of mediation to resolve different types of conflict;
Empower conflict resolution practitioners and institutions through training, with particular reference to mediation skills;
Continually seek new and innovative approaches to resolving conflict through mediation;
Promote and conduct research in conflict resolution, with particular reference to mediation;
Promote mediation through networking with relevant conflict resolution agencies, both public and private, in Southern Africa;
Promote communication and greater access to information about mediation;
Provide resources for drafting legislation relating to mediation, and to implement mediation systems and procedures established through legislation.

Why was AIM formed?

One of the features of post-apartheid legislation has been a preference for specifying dispute resolution mechanisms, particularly conciliation, followed by arbitration. Starting with the Constitution, the Public Protector is given the power to resolve disputes by mediation, conciliation or negotiation. The Human Rights Commission may similarly by mediation, conciliation or negotiation endeavour to resolve any dispute involving a violation of human rights. The Truth and Reconciliation Commission, similarly, was empowered to utilize mediation to facilitate reconciliation and redress for victims. Other legislation – relating to diverse areas such as labour, environmental, divorce, maritime and land – provides for the resolution of disputes by conciliation and arbitration.

Despite this clear policy, and the existence of sympathetic traditions such as indigenousl law and the processes of democratic institutions, a mediation culture has failed to take root in South Africa. The reasons are complex and varied, and in need of research. One of the main reasons is that there has been no systematic process for training mediators to assist in the resolution of disputes that arise in terms of the different pieces of legislation.

The one area where institutionalized mediation prevails is in the CCMA. In 2006 8 500 cases have been referred to the CCMA on a monthly basis and the CCMA website boasts a 75% settlement rate. Contrary to the traditional concept of mediation as being voluntary, at the CCMA conciliation is coercive (the respondent is dragged there often unwillingly); the conciliator is imposed; the conciliators are under huge pressure to settle disputes. A culture of "how much to make this go away?" has taken root, a product of the mediation of rights disputes.

AIM was accordingly established.