PARAMETERS OF CONFIDENTIALITY IN CHILD PROTECTION ALTERNATIVE DISPUTE RESOLUTION

Abstract

It has been internationally recognised that alternative dispute resolution (ADR) is effective in many child protection cases. In the South African Children’s Act, four ADR methods are applicable to child protection. It will be shown that a major weakness in the ADR framework in the Act is a failure to provide appropriate coverage on the crucial aspect of confidentiality. This article explores the tensions around confidentiality in ADR processes for both professional and family participants. Where participants fear that what they divulge during ADR is not confidential, they may be inhibited from being constructively involved. This can defeat the purpose of ADR. On the other hand, in child protection ADR a correct balance needs to be struck so that information essential for the further resolution of the case or for protecting persons from danger is communicated. How best to enable effective child protection ADR by creating an appropriate confidentiality framework is discussed in this article.