resolution Client directed legal representatives should consider whether it is appropriate to use alternative forms of dispute resolution, including negotiation, to seek expeditious resolution of the case; Consider the different developing models of mediation including child-directed mediation. Consider the mandatory mediation provisions included in the Children’s Act 38 of 2005. Explain mediation or alternative forms of dispute resolution to the child; Discuss the child’s involvement and instructions for mediation. Advise child on options available for mediation and take instructions. Settlement The child’s instructions on any possible settlement should be thoroughly canvassed during consultation with the child. If a settlement is offered on terms not discussed with the child, the representative must first obtain instructions from the child. All agreements should be confirmed by a court and made an order or confirmed by the Family Advocate when there are already legal proceedings pending Must confirm the content of the agreement with the child once a settlement has been reached, before it is made an order of court. Participation In care and protection proceedings the child is always a party to the proceedings; The presiding officer is obliged to speak with the child and encourage the child’s participation. resolution Best interests legal representatives should consider whether it is appropriate to use alternative forms of dispute resolution, including negotiation, to seek expeditious resolution of the case; Consider the different developing models of mediation. Consider the mandatory mediation provisions included in the Children’s Act 38 of 2005. Explain mediation or alternative forms of dispute resolution to the child; Try to speak with the parents in matters that are not yet highly acrimonious and are not high conflict matters. The problem may be resolved without going to court in some cases. Settlement Consideration should be given as to whether it is appropriate for a best interests representative to accept a settlement proposal on behalf of the child. In Children’s Court proceedings any settlements have to be approved by the Court and will only be confirmed if they are in the best interests of the child. The best interests legal representative for a child concerned in a High Court matter should be cautious when agreeing to a settlement that he or she is not usurping the role of the Judge to determine the best interests of the child. Preferably, all settlements should be confirmed by the court or the Family Advocate. Participation In care and protection proceedings the child is always a party to the proceedings; According to s61 of the Children’s Act the presiding officer must encourage the child’s participation if the child is of sufficient age and maturity to participate, and
Right to dismiss direct representative If there is a breakdown of the relationship between the child client and the client directed legal representative then the child has a right to withdraw his or her mandate and a new legal representative should be appointed for the child. Conclusion of the proceedings The client directed legal representative must explain the outcome of the case to the child client. If the outcome is not in accordance with the instructions and wishes of the child, the representative must advise and explain the prospects of appeal. An appeal against a decision must be considered with extreme caution as this will prolong litigation and conflict in the child life. If the child decides to adjust to the outcome of the case then the representative may refer the child to support services if appropriate. Conclusion of the proceedings The best interests legal representative must explain the outcome of the case to the child client if the child is of sufficient age, maturity and stage of development. An appeal against a decision must be considered with extreme caution as this will prolong litigation and conflict in the child life. If the child decides to adjust to the outcome of the case then the representative may refer the child to support services if appropriate.