- Title
- Descriptive guidelines for mediation to enhance the parental involvement of unmarried fathers
- Creator
- Nordien-Lagardien, Razia
- Subject
- Mediation
- Subject
- Unmarried fathers -- South Africa Father and child -- South Africa Unmarried mothers -- South Africa
- Date Issued
- 2019
- Date
- 2019
- Type
- Thesis
- Type
- Doctoral
- Type
- DPhil
- Identifier
- http://hdl.handle.net/10948/30462
- Identifier
- vital:30948
- Description
- A significant change brought about by the Children’s Act 38 of 2005 (RSA, 2006), is that of the status of unmarried fathers. The parental rights of unmarried fathers have evolved in South Africa, especially since the Children’s Act 38 of 2005 (RSA, 2006) now recognises that unmarried fathers should have inherent right of contact, guardianship and care. These rights are, however, not automatic and need to be acquired through a process of mediation. While this legislation aims to facilitate the parental involvement of fathers by giving them rights as per Section 21 of the Children’s Act 38 of 2005 (RSA, 2006), the reality is that many unmarried fathers still remain challenged in this regard despite the change in their legal position as fathers. Unmarried fathers are often compelled to take the matter further through protracted court processes. Unmarried fathers face unique challenges with parental involvement after separation and they often need to negotiate their involvement with the mother after separation. Given that mediation between unmarried parents is in its infancy in South Africa, very little research has been done in this area. It was envisaged that this study would highlight the important aspects of mediation which need to be considered in order for mediation outcomes to be more successful and to enhance the co-parenting relationship. The study employed a qualitative research approach that was exploratory, descriptive and contextual in design. The research study consisted of three phases. Phase 1 employed a multiple case study design in order to develop an understanding of the experiences and perceptions of unmarried fathers and mothers, as well as mediators, regarding the parental responsibilities of unmarried fathers in addition to their experiences of mediation. The data collection process comprised in-depth semi-structured interviews with three sample groups, namely unmarried fathers, and mothers, and mediators. The data collected from the interviews were transcribed, coded and analysed by the researcher through the use of two techniques, namely: within-case analysis and cross-case synthesis. An independent coder was utilised to verify the coding and analysis process. The analysis of the data in Phase 1 revealed that the construction of the role of unmarried fathers is influenced by various factors such as cultural and religious influences; childhood experiences of fatherhood; societal constructions of the father’s role, and the perception of the legal rights of unmarried fathers. The new legislation pertaining to the responsibilities and rights of unmarried fathers, as contained in the Children’s Act 38 of 2005 (RSA, 2006), has resulted in increased parental conflict between parents after separation owing to their lack of awareness and confusion regarding the changes in legislation pertaining to the rights of unmarried fathers and the role of customary law in this regard. This has resulted in misconceptions about the legal rights of unmarried fathers, which have influenced unmarried parents’ attitudes and receptiveness to mediation. A significant barrier to father involvement emanating from the findings was relationship conflict experienced after separation, which was also identified as a significant challenge in mediation. The discussion of the themes reflected both positive and negative experiences of mediation for the study participants. While the parents derived educational and therapeutic benefits from mediation; there were also several factors such as relationship conflict, cultural barriers, influences of the extended family, and the approach and skills of the mediator, which influenced the mediation process. In Phase 2 of the study an integrative literature review and synthesis of the literature was conducted and critically appraised in terms of emergent themes and relevant research in the area of family mediation, which would inform the process of developing the descriptive guidelines for mediation with unmarried parents. The empirical findings from the study were synthesised with the findings from the integrative literature review, thus enabling conclusions to be drawn in order to generate descriptive guidelines for mediation. Phase 3 of the study describes the guidelines for mediation which emanated from the synthesis of the findings in Phase 1 and Phase 2 of the study. As part of a qualitative evaluation, the guidelines were presented to an expert panel for review, after which the guidelines were finalised. The proposed guidelines for mediation to enhance the parental involvement of unmarried fathers is based on the hybrid model of mediation, which incorporates elements from the Transformative approach, the African centred approach and the co-mediation model. The guidelines are further described in terms of a phased approach to mediation.
- Format
- xvi, 357 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Health Sciences
- Language
- English
- Rights
- Nelson Mandela University
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | RAZIA NORDIEN-LAGARDIEN.pdf | 3 MB | Adobe Acrobat PDF | View Details Download |