Who would need to come for Mediation? Clarification on who is required to attend sessions and the roles of each participant in the room.
Family Law Mediation: An overview of how mediation is applied specifically to domestic issues, from parenting plans to asset division.
Divorce Mediation: A focused look at using mediation to navigate the end of a marriage with dignity and mutual respect.
Who would need to come for Mediation? Clarification on who is required to attend sessions and the roles of each participant in the room.
Family Law Mediation
Family Law Mediation is a peaceful, logical, effective and responsible alternative to divorce litigation.
It is the modern, intelligent "way to go", and the benefits are plain for all to see. It is a form of dispute resolution and a way of resolving disputes between two or more parties with concrete effects.
Family Law Mediation is private and confidential, participation is typically voluntary and the mediator acts as a neutral third party and facilitates rather than directs the process. Family Law Mediation take less time which means expending less money on hourly fees and costs.
The benefits of mediation are:
• Cost—The mediation process generally takes much less time than moving a case through standard legal channels.
• Confidentiality—While court hearings are public, mediation remains strictly confidential.
• Control—Mediation increases the control the parties have over the resolution.
Mediation is not for everyone.
Mediation may not result in a settlement that is meaningful if there is a power imbalance between the parties. It is not usually appropriate where there has been abuse, and it may not work in situations where one (or both) of the parties is unprepared to compromise. That said, many people enter the process with very entrenched positions and still reach a compromise.
Divorce Mediation
Divorce Mediation is a well established, client friendly and cost effective way for spouses to reach a settlement of their divorce related issues.
These general divorce issues, which must be addressed in any divorce settlement process, are division of marital property, child related agreements and child support and spousal maintenance. Whether parties litigate these issues at trial or choose a more cooperative and collaborative approach like mediation, the issues remain the same and must be addressed before the case is resolved The use of mediation is foreign to many divorce attorneys. Disagreements must be dealt with creatively rather than employing the threat of litigation.
The divorce mediator seeks to resolve disagreements by such means as creative problem solving, the use of non-threatening dispute resolution approaches and an ethic of supporting open lines of communication between the parties. One important goal of mediation, especially when continued joint parenting of children is involved, is to support cooperation in the transitioning relationship between the parties. One of the benefits of divorce mediation is the directness of the communications between the parties. In the traditional adversary system, the process starts with the attorneys conversing with their clients; next, the attorneys must explain and interpret the client’s point of view to the opposing attorney; after that come the settlement negotiations with the attorneys trying to balance the needs of their clients against the positions of the other party; and this can go on for some time. One can imagine how costly, time consuming and distorted communications can become, especially with the layers of defensive arms length negotiating and strategizing that is inherent in the adversary system.
Who would need to come for Mediation?
When couples decide to divorce, re-negotiate or split up (especially when children are involved) they resolve disputes around: • Custody, Access and Maintenance of the child(ren), and/or • Division of assets and spousal maintenance
Why choose Mediation?
• You save time and money, the couple can split the fees per session and it takes less time than in litigation to reach a mutually agreed outcome.
• The couple formulates an agreement without the court making decisions on their behalf: they are in control of their future!
• The sessions are without prejudice and confidential. Creating possibilities to generate options for all parties best interest
• If you have children: The Best Interest of the Children are paramount in Mediation: The Children's Act no 38 of 2005 refers to Mediation as an important means to implement the Best Interest Principle (section 7) of the Act, promoting it is a fair and appropriate means to setting up a Parenting Plan. As parents we all want the best for our children no matter how much acrimony we may experience towards our ex!
• The process of mediation is understandable and both parties are heard and acknowledged.
• Open communication is created: to the advantage of future co-parenting and creating the foundation towards closure and stepping towards a new future.
The Mediator:
• The role of the Mediator is to facilitate discussion and understanding around issues of dispute and conflict in order to help reach mutually acceptable solutions and agreements.
• The Mediator can provide information pertaining to the Law and Parenting issues (There may be two Mediators present to secure high quality mediation, in our practice we do not increase the fees when we have a co-mediator present!).
• The Mediator is accredited by FAMAC and NABFAM and experienced in various issues of Mediation, Parenting issues, psychological well-being of children and/or Family Law.
• Mediators are in profession either psychologists, social workers or attorneys in Family Law. They are trained in Family Mediation (and sometimes also in commercial mediation). They can inform the clients in their fields of expertise on what the general research, and law and practice lends toward, but mainly they are skilled to mediate the parrties and open up avenues towards successful dipsute resolution and solutions.
