Descriptive guidelines for mediation to enhance the parental involvement of unmarried fathers
- Authors: Nordien-Lagardien, Razia
- Date: 2019
- Subjects: Mediation , Unmarried fathers -- South Africa Father and child -- South Africa Unmarried mothers -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: http://hdl.handle.net/10948/30462 , 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.
- Full Text:
- Date Issued: 2019
- Authors: Nordien-Lagardien, Razia
- Date: 2019
- Subjects: Mediation , Unmarried fathers -- South Africa Father and child -- South Africa Unmarried mothers -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: http://hdl.handle.net/10948/30462 , 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.
- Full Text:
- Date Issued: 2019
Unfair labour practice relating to promotion in the public education sector
- Authors: Tsheko, Toto
- Date: 2015
- Subjects: Unfair labor practices , Mediation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/6050 , vital:21034
- Description: This topic deals with unfair labour practice relating to promotion and will focus mainly on the public education sector. The Labour Relations Act of 1956 and 1995, with respect to the concept of unfair labour practice, will be analysed. It is through this discussion that one appreciates how the concept of unfair labour practices has evolved in South African law. An attempt is made to define promotion and in this regard reference is made to cases decided upon by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court (LC). Furthermore, promotion is defined within the context of public education and applicable legislation. Due regard must be to the employment relationship between the employer and the employee as well as compare the current employee’s job with the job applied to. Unfair conduct by the employer will be discussed within the context of promotion. The prerogative of the employer will be discussed with reference to case law and that discussion will include an analysis of various principles with regard to procedural and substantive fairness. Various remedies provided for in dispute resolution mechanism in line with the provisions of the Labour Relations Act 66 of 1995 and relevant case laws will also be discussed. The last chapter deals with how to strike a balance between employee rights (that is educators) and the rights of learners, in the context of promotion disputes. In this regard reference to case laws will be made. In general the topic will deal with unfair labour practice, definition of promotion including promotion of educators, unfair conduct of the employer, onus of proof, remedies and striking the balance between the rights of the learners and educators.
- Full Text:
- Date Issued: 2015
- Authors: Tsheko, Toto
- Date: 2015
- Subjects: Unfair labor practices , Mediation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/6050 , vital:21034
- Description: This topic deals with unfair labour practice relating to promotion and will focus mainly on the public education sector. The Labour Relations Act of 1956 and 1995, with respect to the concept of unfair labour practice, will be analysed. It is through this discussion that one appreciates how the concept of unfair labour practices has evolved in South African law. An attempt is made to define promotion and in this regard reference is made to cases decided upon by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court (LC). Furthermore, promotion is defined within the context of public education and applicable legislation. Due regard must be to the employment relationship between the employer and the employee as well as compare the current employee’s job with the job applied to. Unfair conduct by the employer will be discussed within the context of promotion. The prerogative of the employer will be discussed with reference to case law and that discussion will include an analysis of various principles with regard to procedural and substantive fairness. Various remedies provided for in dispute resolution mechanism in line with the provisions of the Labour Relations Act 66 of 1995 and relevant case laws will also be discussed. The last chapter deals with how to strike a balance between employee rights (that is educators) and the rights of learners, in the context of promotion disputes. In this regard reference to case laws will be made. In general the topic will deal with unfair labour practice, definition of promotion including promotion of educators, unfair conduct of the employer, onus of proof, remedies and striking the balance between the rights of the learners and educators.
- Full Text:
- Date Issued: 2015
Mediation practice : perceptions of practitioners from the African insider mediators platform
- Authors: Smith, Richard
- Date: 2013
- Subjects: Mediation , Mediators (Persons) , Social conflict
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8353 , http://hdl.handle.net/10948/d1020909
- Description: In African countries emerging from periods of violent crisis a layer of civil society practitioners and peacebuilders appear to play a critical role in mediating the inevitable disputes and tensions that arise. This treatise focuses on a sample of these mediating practitioners who perceive themselves in a variety of different ways, as peacebuilders, as conflict managers, as conflict resolution practitioners and as conflict transformation practitioners. The practitioners who participated in this study work at multiple levels to support the mediative processes that are needed in contexts of crisis and transition. They form part of a wider group of practitioners who have taken the initiative to organise insider mediators into a learning community of practitioners, under the auspices of the African Insider Mediators Platform (AIMP). This platform provides scholars with a useful research opportunity. The overall aim of this study is to explore the relationship between conflict transformation theory and the establishment of the AIMP as perceived by AIMP practitioners. It captures the perceptions that mediators have of the nature of the conflicts in which they are engaged and the influence of theoretical approaches on their practice. The treatise focuses on the perceptions of selected mediation practitioners associated with the AIMP. It draws out the conceptual lenses that are used to inform perceptions of effective mediation practice and that connect the perceptions of practitioners with the concepts contained within the conflict transformation theory. In so doing it describes the perceptions of practitioners and discusses the extent to which these perceptions resonate or deviate from theoretical conceptualisations of conflict in Africa and the theoretical frameworks that outline what constitutes an effective mediative response to this conflict. The insights into effectiveness that emerge from this approach are outlined in the treatise, drawing from background research that has informed the formation of the AIMP as well as from interviews carried out with selected mediation practitioners. The research findings suggest that there are several perceived connections between the theoretical underpinnings of conflict transformation approaches and the practice of the insider mediators involved in this study. The discussion of the data puts forward the proposition that the conceptual perceptions of the insider mediators involved in the study, in their description of elements of mediation practice and the nature of conflict, resonate strongly with the theories associated with conflict transformation thinking. In addition several additional theoretical influences appear to have been incorporated into an overall approach to discrete and collaborative mediation efforts that reinforce a strong connection between conflict transformation thinking and the practice of insider mediators. These relational connections between theory and practice are outlined in some detail in the description of the study that follows.
- Full Text:
- Date Issued: 2013
- Authors: Smith, Richard
- Date: 2013
- Subjects: Mediation , Mediators (Persons) , Social conflict
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: vital:8353 , http://hdl.handle.net/10948/d1020909
- Description: In African countries emerging from periods of violent crisis a layer of civil society practitioners and peacebuilders appear to play a critical role in mediating the inevitable disputes and tensions that arise. This treatise focuses on a sample of these mediating practitioners who perceive themselves in a variety of different ways, as peacebuilders, as conflict managers, as conflict resolution practitioners and as conflict transformation practitioners. The practitioners who participated in this study work at multiple levels to support the mediative processes that are needed in contexts of crisis and transition. They form part of a wider group of practitioners who have taken the initiative to organise insider mediators into a learning community of practitioners, under the auspices of the African Insider Mediators Platform (AIMP). This platform provides scholars with a useful research opportunity. The overall aim of this study is to explore the relationship between conflict transformation theory and the establishment of the AIMP as perceived by AIMP practitioners. It captures the perceptions that mediators have of the nature of the conflicts in which they are engaged and the influence of theoretical approaches on their practice. The treatise focuses on the perceptions of selected mediation practitioners associated with the AIMP. It draws out the conceptual lenses that are used to inform perceptions of effective mediation practice and that connect the perceptions of practitioners with the concepts contained within the conflict transformation theory. In so doing it describes the perceptions of practitioners and discusses the extent to which these perceptions resonate or deviate from theoretical conceptualisations of conflict in Africa and the theoretical frameworks that outline what constitutes an effective mediative response to this conflict. The insights into effectiveness that emerge from this approach are outlined in the treatise, drawing from background research that has informed the formation of the AIMP as well as from interviews carried out with selected mediation practitioners. The research findings suggest that there are several perceived connections between the theoretical underpinnings of conflict transformation approaches and the practice of the insider mediators involved in this study. The discussion of the data puts forward the proposition that the conceptual perceptions of the insider mediators involved in the study, in their description of elements of mediation practice and the nature of conflict, resonate strongly with the theories associated with conflict transformation thinking. In addition several additional theoretical influences appear to have been incorporated into an overall approach to discrete and collaborative mediation efforts that reinforce a strong connection between conflict transformation thinking and the practice of insider mediators. These relational connections between theory and practice are outlined in some detail in the description of the study that follows.
- Full Text:
- Date Issued: 2013
Analysis of strategies used by an organisation to manage conflict
- Authors: Lourens, Ann Sharon
- Date: 2000
- Subjects: Conflict management , Negotiation in business , Mediation
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10828 , http://hdl.handle.net/10948/18 , Conflict management , Negotiation in business , Mediation
- Description: This research study addresses the problem of determining the strategies that can be used to manage conflict effectively. To achieve this objective a comprehensive literature study was performed to determine the views on conflict and various models of conflict. The study also included the reasons for and sources of conflict and the effects of conflict on an organisation. The next step was to identify the conflict management strategies that were revealed by the literature study. The appropriate conflict handling styles, how to improve organisational practices and special rules and structures were discussed as well as various suggestions from different authors on how to resolve a conflict situation. Based on the information obtained from the literature study a model was developed to serve as a guide to organisations to manage conflict effectively. Managers from a specific organisation were requested to complete questionnaires in order to determine the strategies used by their organisation to manage conflict. The questionnaire was developed in accordance with the findings from the research. The answers of the respondents were analysed and compared to the findings of the literature study. The information obtained from the literature study and from the respondents resulted in various recommendations and conclusions. The previously mentioned model that was developed was applied to the organisation, specifically addressing the pertinent issues as indicated by the respondents.
- Full Text:
- Date Issued: 2000
- Authors: Lourens, Ann Sharon
- Date: 2000
- Subjects: Conflict management , Negotiation in business , Mediation
- Language: English
- Type: Thesis , Masters , MTech
- Identifier: vital:10828 , http://hdl.handle.net/10948/18 , Conflict management , Negotiation in business , Mediation
- Description: This research study addresses the problem of determining the strategies that can be used to manage conflict effectively. To achieve this objective a comprehensive literature study was performed to determine the views on conflict and various models of conflict. The study also included the reasons for and sources of conflict and the effects of conflict on an organisation. The next step was to identify the conflict management strategies that were revealed by the literature study. The appropriate conflict handling styles, how to improve organisational practices and special rules and structures were discussed as well as various suggestions from different authors on how to resolve a conflict situation. Based on the information obtained from the literature study a model was developed to serve as a guide to organisations to manage conflict effectively. Managers from a specific organisation were requested to complete questionnaires in order to determine the strategies used by their organisation to manage conflict. The questionnaire was developed in accordance with the findings from the research. The answers of the respondents were analysed and compared to the findings of the literature study. The information obtained from the literature study and from the respondents resulted in various recommendations and conclusions. The previously mentioned model that was developed was applied to the organisation, specifically addressing the pertinent issues as indicated by the respondents.
- Full Text:
- Date Issued: 2000
Exploring the needs and experiences of the social worker as an intermediary
- Authors: Jarman, Renette
- Date: 2000
- Subjects: Social workers , Mediation
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:698 , http://hdl.handle.net/10962/d1006419 , Social workers , Mediation
- Description: During this research an attempt was made to gain an understanding of the experiences and needs of the social workers acting as intermediaries for the sexually abused children in the criminal court during the trials of perpetrators. To achieve this, ten social workers that have performed the role of intermediary were interviewed. Research as well as literature on this topic is limited and it is believed that this study will present a valuable basis to pursue in further research as well as assist social workers already rendering intermediary services. Literature that was available was found to be critical of the adversarial system and the negative elements associated with the system, especially for the child witness. The study found that there are many problems associated with the intermediary system. The most important issue is the delay between the decision to prosecute and the trial as this impacts negatively on the child witness. In addition social workers acting as intermediaries are inadequately trained and are not supervised in this role. As a result very few are willing to continue with the procedure. Nevertheless the intermediary system is adjudged better than the adversarial system, especially as the child witness no longer has to face the alleged perpetrator in an open court. The thesis ends with recommendations for addressing the concerns of intermediaries in order to strengthen the system.
- Full Text:
- Date Issued: 2000
- Authors: Jarman, Renette
- Date: 2000
- Subjects: Social workers , Mediation
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:698 , http://hdl.handle.net/10962/d1006419 , Social workers , Mediation
- Description: During this research an attempt was made to gain an understanding of the experiences and needs of the social workers acting as intermediaries for the sexually abused children in the criminal court during the trials of perpetrators. To achieve this, ten social workers that have performed the role of intermediary were interviewed. Research as well as literature on this topic is limited and it is believed that this study will present a valuable basis to pursue in further research as well as assist social workers already rendering intermediary services. Literature that was available was found to be critical of the adversarial system and the negative elements associated with the system, especially for the child witness. The study found that there are many problems associated with the intermediary system. The most important issue is the delay between the decision to prosecute and the trial as this impacts negatively on the child witness. In addition social workers acting as intermediaries are inadequately trained and are not supervised in this role. As a result very few are willing to continue with the procedure. Nevertheless the intermediary system is adjudged better than the adversarial system, especially as the child witness no longer has to face the alleged perpetrator in an open court. The thesis ends with recommendations for addressing the concerns of intermediaries in order to strengthen the system.
- Full Text:
- Date Issued: 2000
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