Understanding The Road Accident Fund Mediation

Jun 18, 2025 | Mediation, Road Accident Fund

car accident

Understanding The Road Accident Fund Mediation Procedure In South Africa

 

Getting into a road accident is traumatic enough. Navigating the legal system afterwards? That can feel like trying to drive through Joburg traffic in a thunderstorm—stressful, confusing, and full of delays. However, there is a silver lining for South Africans dealing with claims through the Road Accident Fund (RAF): mediation. This procedure could be the game-changer many claimants need.

The Road Accident Fund’s mediation procedure in South Africa is a structured, court-annexed process designed to resolve claims more efficiently, cost-effectively, and with reduced conflict—by encouraging parties to settle disputes outside the court through a neutral third party.

Gone are the days when claimants had to endure years of litigation to get the compensation they deserved. Thanks to the newly implemented mediation protocols, resolving a Road Accident Fund claim has become more accessible and less adversarial. But what exactly is mediation in this context—and how does it work?

 

What Is The Road Accident Fund ( RAF) And Who Can Claim From It?

The Road Accident Fund (RAF) is a statutory insurance body established to compensate victims of road accidents in South Africa. Funded by a fuel levy, its primary goal is to provide financial support to people who have been injured—or the dependents of those killed—in road crashes involving motor vehicles on South African roads.

 

You may be eligible to claim from the RAF if:

  • You were injured in a road accident caused by someone else’s negligence.
  • You are the dependent of someone who died in a road accident.
  • You are a close relative responsible for the medical or funeral costs of a road accident victim.
  • You were a pedestrian, passenger, cyclist, or even a driver (provided you were not the sole cause of the accident).

 

RAF claims typically cover:

  • Medical expenses
  • Loss of earnings
  • Funeral costs
  • General damages for pain and suffering

 

What Is The Road Accident Fund Mediation Procedure?

Under South Africa’s new court-annexed mediation rules, mediation must now be considered before any personal injury claim, including a Road Accident Fund claim, can proceed to trial. This structured framework provides a more humane and efficient alternative to litigation.

Let’s take a detailed look at how the process works:

 

1. Initiating The Mediation Process

Before mediation can begin, both parties—the claimant (or their attorney) and the RAF—must indicate their intention to participate in the process. This process is governed by Rule 41A of the Uniform Rules of Court, which mandates the consideration of mediation for any civil matter.

Here’s how initiation works:

Rule 41A Notice:
Each party is required to serve and file a Rule 41A Notice, either indicating their agreement to proceed with mediation or stating reasons for refusal. This step is mandatory before a summons or a notice of motion is delivered.

Agreement to Mediate:
If both parties agree, they must sign a formal Agreement to Mediate. This agreement outlines:

  • The issues in dispute
  • The scope of the mediation
  • Rules around confidentiality
  • Obligations of the parties (e.g., full disclosure, good faith)
  • Logistics (whether online or in-person)
  • The date, time, and venue of the mediation session

 

This agreement should be concluded at least one week before the scheduled mediation.

 

2. Selecting A Mediator

The choice of the mediator can significantly impact the outcome. In Road Accident Fund cases, mediators are often legal professionals or former judges with experience in personal injury law.

Two routes are available:

  • Mutual Agreement:
    Both parties can agree on a mediator, often selecting from a panel of court-accredited mediators.
  • Mediator Appointed by Umpire:
    If there is no agreement, the matter is referred to a mediation umpire, who selects a mediator from the approved list.

 

Some mediators are specialists in personal injury or delictual law, which makes them uniquely qualified to understand the nuances of RAF claims—such as assessing medical expenses that may arise, any loss of earnings, and general damages.

 

3. The Mediation Session (Core Phase)

This session is where the real magic (or, at the very least, meaningful dialogue) happens. The mediator guides the involved parties through a series of structured discussions designed to uncover common ground and reach a fair outcome.

Here’s a detailed walkthrough of the session:

  • Opening Statements:
    The mediator begins by establishing ground rules—namely, neutrality, confidentiality, and mutual respect. Then, each party has the opportunity to present their version of the facts, concerns, and desired outcome.
  • Information Gathering:
    The mediator reviews documents (medical reports, accident reports, wage slips, etc.) and may ask clarifying questions. This stage helps illuminate the strengths and weaknesses of each party’s position.
  • Identifying Issues & Setting the Agenda:
    The mediator helps both parties list out the core issues in dispute. For a Road Accident Fund claim, this might include:

    • Whether the RAF accepts liability
    • Disputes over the severity of injuries
    • Quantum of damages (medical expenses, loss of income, etc.)
  • Private Sessions (Caucusing):
    At times, the mediator may meet with each party separately. These “caucuses” allow for candid discussions, enabling the mediator to understand underlying concerns better and offer reality checks.
  • Negotiation Phase:
    The mediator helps both sides explore possible solutions. The goal is not to “win” but to achieve a mutually acceptable resolution. Proposals are floated, concessions discussed, and compromise encouraged.
  • Reaching a Settlement:
    If both of the parties involved agree on a solution, the mediator drafts a Joint Minute of Settlement that details the agreed-upon terms.

 

4. Finalising The Agreement & Making It Binding

Once an agreement is reached, it doesn’t just sit on a shelf. It’s formalised and made enforceable through the court system.

  • Joint Minute Signed:
    Both parties sign a Joint Minute that contains all the terms of the settlement, including the compensation amount, payment timelines, and any additional obligations.
  • Settlement Made a Court Order:
    This Joint Minute is submitted to the Settlement Court, which then makes the agreement an official court order. This step gives the agreement legal force and allows for enforcement if either party defaults.
  • If No Agreement Is Reached:
    The mediator files a confidential report stating only that the matter was mediated but not resolved—no details of the discussions are disclosed. The parties are then free to proceed to trial, having at least tried the mediation route in good faith.

 

What Are The Key Benefits Of Mediation In Road Accident Fund Claims?

The Road Accident Fund mediation process offers several compelling advantages:

  • Cost-Saving: You don’t have to spend years paying legal fees—mediation drastically reduces expenses.
  • Time-Efficient: While litigation can take years, mediation often resolves claims within weeks or months.
  • Less Adversarial: Mediation fosters cooperation rather than conflict, helping maintain a respectful dialogue.
  • Private & Confidential: What happens in the mediation room stays in the mediation room—no messy public courtroom drama.
  • Empowering: Unlike a court verdict handed down by a judge, mediation puts control back in your hands—you help decide the outcome.

 

In essence, mediation can help you get closure, compensation, and clarity—without the courtroom circus.

If you’ve been through a road accident, you’re already dealing with physical, emotional, and financial pain. You deserve a process that honours your time, respects your dignity, and gets you results—without dragging you through a costly legal war.

Mediation within the Road Accident Fund system is more than just a procedural change—it’s a chance for victims to access justice swiftly and affordably. With the proper support and guidance, you can navigate the system confidently and come out with a fair settlement in hand.

At Burnett Attorneys & Notaries, we understand how overwhelming a Road Accident Fund claim can feel—especially with the new mediation rules in play. Our experienced legal team specialises in RAF matters. We can offer you expert guidance at every step—from filing the initial claim to negotiating your mediation to formalising a court-ordered settlement. Reach out today to schedule a consultation, and let’s talk about how we can help you resolve your Road Accident Fund claim—without unnecessary stress or delays.