South Africa has always been cited as an example of protracted social conflict by the analytical conflict resolution school. Given that appellation, the conflict, in terms of the understanding of that school of thought, would not have been amenable to resolution, and yet many observers hail the South African democratic transition as a miracle of transformation. This thesis, using a detailed application of the various elements of protracted or deep-rooted social conflict, demonstrates that South Africa is indeed an example of protracted social conflict. Given the application of pre-negotiation initiatives, and the establishment of a unique National Peace Accord, negotiations were enabled, and successfully delivered a democratic election, and so far, also a sustainable democracy. The establishment of the Truth and Reconciliation Commission was the result of a realization on the part of a wide spectrum of South African leadership and conflict resolution professionals, that negotiation alone would not provide conflict resolution for South Africans, and that there was therefore an additional need to deal with the deeper issues of conflict, if the settlement were to prove sustainable. The question remains whether ours represents a successful resolution of the conflict from the theoretical perspective of the analytical conflict resolution school. A close examination of South African socio-political issues across a number of domains regarded by the analytical conflict resolution school as important, indicates that while the requirements for conflict resolution were indeed met in the South African case, their more advanced stage of resolution; conflict provention has not been satisfied. That explains the fact that many tensions, much violence and intolerance remain. South Africa’s democracy has not been infused with analytical conflict management institutions, basic human needs have not been substantially met and valued relationships remain elusive. Because protracted social conflict is cyclical, we can expect high-levels of conflict behaviour to haunt, and even threaten our fledgling democracy. It is argued here that a coherent theoretical approach to the South African conflict management process would have produced a more sustainable outcome, and we recommend the continued use and institutionalization of analytical conflict provention processes to secure the future of our country.

Family mediation is a process that' was and is still practised by African indigenous societies. However, mediation in relation to family and divorce matters, is viewed either positively or negatively by most South African writers mainly from a Western perspective. The recommendations made in this work focus, amongst other things, on what ought to be done by policy makers and exponents of mediation in order to make the ,benefits of mediation realised by South Africans particularly disadvantaged communities. The role of illiterate and semi-literate South African citizens)'is pointed out as being critical more in managing family disputes from disfunctioning the family and leading to marriage break-down than merely mediating the parting of ways and ancillary issues of marriage. The practice of family mediation and procedures followed by Africans when introducing the son-in-law to the daughter-in-Iaw's family and the protracted marriage negotiations between Umkhongi (emissary) and the in-laws are all indicative of the entrenched or mandatory approach to family mediation. The benefits of the peaceful ending of marriage relationship through third party interveners are highlighted in President Mandela's desire to terminate his marriage as 'painless as possible' particularly for the sake of children. It is pointed out in this work that the Bushmen of the Kalahari Desert still adhere strictly to their tribal mediation procedures both in relation to family disputes and disputes in general. The tribe relies highly on korakoradue who is its senior citizen and respected elder, as resolver of community disputes. III The South African Justice Department brought hope when it worked toward introducing divorce mediation legislation. However, the vision was misdirected as the enacted family mediation legislation turned out to be constraining in its operation contrary to the recommendations by the Hoexter Commission. The majority of destitute South Africans who should be benefiting from this legislation end up not knowing about the existence of the Act and/or not making use of it because of the costs involved as only the Supreme Court can adjudicate upon matters covered by the Act. The lack of research which focuses on local mediation styles makes it difficult to justify, for example, either Mrs. Mandela's claim when she said ,Mr. Mandela had not answered to the 'African Cultural and Traditional Inkundla' or Mr. Mandela's defence that he respects customs but is not a 'tribalist' as he 'fought as an African Nationalist with no commitment to any tribal custom'. / Thesis (LL.M.)-University of Durban-Westville, 1997.

Recent legislation passed by the South African Parliament has sharpened attention on the importance of mediation in the process of divorce. Without the understanding and cooperation of the legal profession, and of attorneys in particular, there appears to be small chance that this will be adequately recognised and brought to fruition. The research reported in this dissertation reflects the results of an investigation of Cape Town attorneys working in the field of divorce. Their attitudes to and knowledge of the concept of divorce mediation are reported, and the prospects of collaboration between a social work agency and the legal profession in divorce mediation have been analysed. It is clear that some collaboration is achievable between the social work and legal professions in this area. A methodology has been developed and validated that is generally applicable, and which could also be used for investigation of other professional groups. / Social Work / M.A. (Social Work)

No abstract provided. / Thesis (LL.M.)-University of KwaZulu-Natal, 2011.

Recent legislation passed by the South African Parliament has sharpened attention on the importance of mediation in the process of divorce. Without the understanding and cooperation of the legal profession, and of attorneys in particular, there appears to be small chance that this will be adequately recognised and brought to fruition. The research reported in this dissertation reflects the results of an investigation of Cape Town attorneys working in the field of divorce. Their attitudes to and knowledge of the concept of divorce mediation are reported, and the prospects of collaboration between a social work agency and the legal profession in divorce mediation have been analysed. It is clear that some collaboration is achievable between the social work and legal professions in this area. A methodology has been developed and validated that is generally applicable, and which could also be used for investigation of other professional groups. / Social Work / M.A. (Social Work)

The development of private divorce mediation appears to offer a friendly and informal alternative to the "hostile" adversarial divorce. A close analysis of its claims, however, shows them to be largely unproven. Urgent attention should therefore be given to the philosophical base of the movement. There is also a need for empirical research and for standardised training. Further unanswered questions relate to the part to be played by different professions, and to professional ethics. It is submitted that the appointment of Family Advocates is a step in the right direction but that the establishment of a full Family Court will best protect children's interests.

Thesis (MCom)--Stellenbosch University, 2015 / ENGLISH ABSTRACT : The continued and ever growing involvement of the South African National Defence Force (SANDF) to complex peacekeeping operations over the African continent has opened a platform in the academic field to better sharpen the SANDF’s performance and contribution to achieve peace in Africa. Previous deployments to various African countries has tested the SANDF’s level of preparedness. Although the organisation gives effort to train its forces to reach the desired level of combat readiness, the nature of the operations to which soldiers partake in has proven to be more demanding. This study was driven by the need to explore and provide a broader perspective of what constitute combat readiness. Utilising the SANDF, the study aimed to explore the relationship between the soldier’s relationship with the spouse (RWS) and the soldier’s relationship with the unit (RWU), and hardiness as a possible mediator variable to combat readiness (CR). Previous research and theories were explored to provide a theoretical background for the study variables. A non-experimental controlled inquiry was used to test the hypothesised relationship among the variables. A sample of 363 participants (across ranks, gender and race) was randomly selected from South African Infantry Battalion Group mobilising for a deployment to Sudan. Hypothesised relationships among the independent variables, mediator variable and dependent variable was determined using the correlational analysis (Spearman correlation). Partial Least Squares (PLS) – measurement and structural model was used to test the study model for combat readiness. The results showed significant correlations between the soldier’s RWS and CR. Furthermore, significant correlations were found between soldier’s RWU and CR. Partial mediation was explained by the path coefficients from RWU>hardiness>CR. No full mediating effect was found. The results also showed insignificant correlations between soldiers RWS and hardiness (rather than between soldier’s RWS and CR. These results were in support to previous research and proved to add insight to future research on CR. / AFRIKAANSE OPSOMMING : Geen opsomming beskikbaarbaar nie.

M.A. (Clinical Psychology) / The primary aim of this study is to investigate the different subsystems involved in a child custody case. By identifying the various patterns of interaction within each subsystem this work attempts to provide the clinical psychologist with a condensed frame of reference for the role of expert witness in cases of this nature. The study focuses therefore on the legal system in South Africa, the family system in the process of divorce as well as models of assessment used by practicing psychologists when giving expert testimony. In investigating the legal system, the study starts off by highlighting the premises from which the law derives its findings - in both constituted laws and judicial precedents. The best interests of the child as overriding standard is traced through various laws and judicial findings. The study then turns to the latest developments following the promulgation of the Mediation in Certain Divorce Matters Act no 24 of 1987. The hesitancy and doubts that prevail among practitioners of the law concerning this Act are noted. the study initially looks at divorce, then moves on to the the children subsystem.

D.Ed. (Educational Management) / This research focuses on the conflict and the concomitant disruption experienced in black urban secondary schools in the RSA. The causes, the nature and the extent of such conflict and disruption are indicated, and the attempts thus far, to manage such conflict, are discussed. Attention is also given to alternative methods of managing conflict in an effort to curtail the disruption of schools so that unimpeded meaningful education may take place. The premise is that education is at the centre of conflict in black communities and that unrest and disruption at schools constitutes a specific form of conflict in the South African situation. The variable success rate achieved in attempting to combat conflict in black schools through conventional methods of managing such conflict necessitates a search for alternative conflict management methods in education. This research focuses on the process of mediation as a technique for managing conflict. The main aim is to ascertain whether mediation may be employed to manage conflict in black schools effectively. To achieve this aim, both a study of the literature and analytical research have been carried out by way of a questionnaire and interviews. The use of mediation as a technique for managing conflict in schools overseas and the successes achieved in USA schools are also addressed. The conclusion is drawn that a very real need exists to use mediation as a technique for managing conflict in black schools. This research shows that mediation is both an acceptable and a viable mechanism for the effective management of conflict in black schools. Several recommendations are made on the use of mediation as a technique for minimising conflict and disruption in the field of education. It is recommended, inter alia. that all teacher training programmes should include courses on non-violent conflict management techniques. with the emphasis on mediation. Education authorities should put to use the resources and the skills of all institutions that have managed conflict through mediation.

Text in English / Philosophy, Practical & Systematic Theology / M.Th. (Practical Theology, with specialisation in Pastoral Therapy)