South Africa faces a profound challenge with gender-based violence (GBV). Often described as a “second pandemic,” GBV is a pervasive issue that cuts across socioeconomic, racial, and cultural lines. It is a stark reflection of systemic inequality and deeply entrenched patriarchal norms. As we work towards solutions, it is crucial to understand why mediation, a valuable tool in other contexts, is unsuitable for resolving conflicts involving GBV.
The State of GBV in South Africa
South Africa has one of the highest rates of GBV globally, with alarming statistics that speak to the urgency of addressing this issue. According to the South African Police Service, femicide rates are five times the global average. Beyond physical harm, victims often face social stigma, economic disempowerment, and limited access to justice.
GBV is not merely a personal or familial issue; it is a human rights violation that perpetuates cycles of trauma and inequality. Addressing it requires systemic interventions that prioritize survivors’ safety, autonomy, and dignity.
What is Mediation?
Mediation is a conflict-resolution process where a neutral third party facilitates dialogue between disputing parties to reach a mutually acceptable agreement. It is widely used in family law, workplace disputes, and community conflicts due to its emphasis on collaboration and preserving relationships. However, the dynamics of GBV render mediation ineffective and, in many cases, harmful.
Why Mediation Fails Victims of GBV
- Power Imbalances
GBV is rooted in power and control. In a mediation setting, the perpetrator often holds psychological, emotional, or economic power over the victim. These imbalances undermine the fairness of the process and can lead to coerced agreements that fail to serve the victim’s interests. - Safety Concerns
Mediation assumes that both parties can negotiate freely without fear. For GBV survivors, this is rarely the case. The presence of the abuser—physically or even virtually—can trigger trauma and create an environment of intimidation, further silencing the survivor. - Focus on Reconciliation
Mediation’s goal of preserving relationships is fundamentally at odds with the need to hold perpetrators accountable. Reconciliation without addressing the abuse perpetuates harm and reinforces the cycle of violence. - Lack of Expertise
Mediators may lack the training to recognize and respond to the complexities of GBV. Without specialized knowledge, they risk trivializing the abuse or perpetuating harmful myths, such as victim-blaming. - Undermining Legal Protections
In many cases, mediation agreements are private and not legally enforceable. This can leave survivors without recourse if the perpetrator violates the terms. Additionally, mediating GBV cases can discourage victims from seeking justice through the criminal justice system, where accountability is more likely to be enforced.
Alternatives to Mediation for GBV Cases
Addressing GBV requires survivor-centered approaches that prioritize safety, empowerment, and justice. These include:
- Trauma-informed legal processes that protect survivors’ rights and dignity.
- Specialized support services, such as shelters, counseling, and legal aid, tailored to the needs of GBV survivors.
- Restorative justice approaches, when appropriate, that focus on accountability and healing without pressuring victims to reconcile with their abusers.
- Community education and prevention programs to address the root causes of GBV, such as gender inequality and harmful cultural norms.
A Call to Action
Ending GBV in South Africa requires collective effort and systemic change. As mediators, lawyers, policymakers, and advocates, we must recognize the limitations of mediation in cases involving GBV and advocate for survivor-centered solutions.
This is not to undermine the value of mediation in other contexts but to acknowledge that justice, safety, and empowerment must take precedence in addressing gender-based violence. Only then can we hope to create a society where all individuals live free from fear and harm.
The question begs, how can we as professionals create safer and more empowering pathways for GBV survivors?
