The Need for Culturally Responsive Mediation Practices to Enhance the Process and Outcomes of Mediation for Unmarried Fathers

Authors

DOI:

https://doi.org/10.25159/2708-9355/6943

Keywords:

mediation, unmarried father, culturally responsive, family

Abstract

The past decade has shown significant progress in family mediation services in South Africa, following the implementation of the amended Children’s Act of 2005, which has not fully considered issues relating to customary law and culture pertaining to mediation with unmarried fathers. A broader qualitative explorative study was undertaken to understand the experiences and perceptions of unmarried fathers, unmarried mothers and mediators regarding mediation. This article focuses on factors influencing the process and outcomes of mediation for unmarried fathers. Semi-structured interviews were conducted with a sample of seven unmarried fathers and eight mediators. Factors were identified that influence the process and outcomes of family mediation, of which culture, customary law and family dynamics are the focus of this article. Findings from Xhosa and Zulu participants in the study highlight the need for the inclusion of culturally responsive approaches to family mediation services by foregrounding issues relating to customary law, culture, and unmarried fathers.

Author Biography

Razia Nordien-Lagardien, Nelson Mandela University

Lecturer

Departmnet of social development professions

Published

2021-05-26

How to Cite

Nordien-Lagardien, Razia, Blanche Pretorius, and Susan Terblanche. 2021. “The Need for Culturally Responsive Mediation Practices to Enhance the Process and Outcomes of Mediation for Unmarried Fathers”. Southern African Journal of Social Work and Social Development 33 (1):19 pages. https://doi.org/10.25159/2708-9355/6943.

Issue

Section

Articles
Received 2019-10-17
Accepted 2021-03-12
Published 2021-05-26