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96 Kinders word toegelaat om hul menings te lug oor aangeleenthede wat hul raak. 97 Hoewel die Keniaanse Children Act op sigself nie na bemiddeling verwys nie, maak die Civil Procedure Rules van 2010 wel voorsiening vir arbitrasie ingevolge n hofbevel, asook vir ander vorme van alternatiewe geskilbeslegting:Where in any suit all the parties interested who are not under disability agree that any matter in difference between them in such suit shall be referred to arbitration, they may, at any time before judgment is pronounced, apply to the court for an order of reference;98 othing under this order may be construed as precluding the court from adopting and implementing, of its own motion or at the request of the parties, any other appropriate means of dispute resolution including mediation for the attainment of the overriding objective under ss 1A and 1B of the Act;99 he court may adopt an alternative dispute resolution and shall make such orders or issue such directives as may be necessary to facilitate such means of dispute resolution. 100mediation remains an informal and party driven process in Kenya . arties are at liberty to render their settlement as binding contracts and indulge the court process in event of its default . he new Constitution of Kenya promulgated on the 4th August, 2010, includes as one of the objectives of the judicial process in Kenya the promulgation of alternative dispute resolution. Thus, over time, mediation may eventually become one of the formal dispute resolution methods in Kenya. 101Die Suid Afrikaanse Childrens Act van 2005 beklemtoon dat in aangeleenthede wat kinders raak, approach which is conducive to conciliation and problem solving should be followed and a confrontational approach should be avoided. 102 Hierdie benadering word ook beaam in tersaaklike regspraak van die Suid Afrikaanse howe. 103 Die wet maak voorsiening vir bemiddeling. Wanneer daar n geskil tussen n kind se biologiese ouers wat nie met mekaar getroud is nie ontstaan oor die vraag of die vader kwalifiseer vir outomatiese verkryging van ouerlike verantwoordelikhede en regte, ingevolge a 211a of b, moet die geskil104 ingevolge a 213 vir bemiddeling na die gesinsadvokaat, maatskaplike werker, maatskaplike beampte of ander gepaste gekwalifiseerde persoon verwys word. 105Daarbenewens: waar medehouers van ouerlike verantwoordelikhede en regte probleme ervaar in die uitoefening van hul ouerlike verantwoordelikhede en regte, moet hulle ingevolge artikel 332 gelees met artikel 335 van die Childrens Act, voor hul n hof mag nader, eers ooreenkom op n ouerskapsplan met die bystand van die gesinsadvokaat of ander gekwalifiseerde persoon.


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