MEDIATION

Mediation is a term that is being bandied about lately in the divorce arena because according to the laws of South Africa, a couple who wishes or needs to divorce, has to consider mediation before they go down the route of divorce.

As per the more ‘legal’ definition, mediation is a process, where two parties will come together in a meeting, that is facilitated by a mutually selected, impartial and neutral individual who will assist the parties to negotiate their differences.

This – as can be seen from this definition – goes beyond the divorce realm and can include labour disputes, familial disputes, about land for instance or inheritances, etc. A mediator can step in when two parties are unable to agree on an outcome of an argument. Thus, I am also registered internationally, on the Alternative Dispute Resolution register, as a Conflict Navigator ®. Consequently, mediation is dependent on the issue at hand, but mostly, I engage in divorce mediation, where I assist mature couples to resolve the issues around their assets, the children’s access and rights and responsibilities, as well as child maintenance being resolved within these sessions.

How does it work?

Mediation has a system, which is based on conflict resolution in set meetings. The clients will meet at the mediator’s premises and the different issues will be facilitated by the mediator and resolved within a coordinated and structured environment. Neither parties will be allowed to confront the other in a malicious or spiteful manner, which is often the route taken in divorce proceedings. 

Mediation is much more disciplined and measured, as the control lies in the hands of the parties and not the mediator. The amount of sessions is determined by the level of distrust and animosity between the parties. The higher the hostility the more session will be needed, the lower the hostility, the less sessions are needed to discuss all the issues at hand. Thus, it is in the hands of the parties as to the cost of the mediation and is in many cases far cheaper than going through a lawyer, as in these instances, hostility is and advocated, which augments the hostility and thus, the process lengthens and the costs swell exponentially. 

Thus, it is definitely recommended to go the mediation route, as it is much cheaper, and mediators tend to decrease the hostility and not augment it.

DIVORCE MEDIATION

Dealing purely with divorce and divorce-related matters

MAINTENANCE MEDIATION

Here parents will come to see me for support in dealing with purely maintenance-related disputes

DISPUTE RESOLUTION

Dealing with any disputes that are not reaching resolution-  be it within a family, business or other

VOICE OF THE CHILD TOOLKIT

In many instances children are the victims of divorce and do not get the support that they need as parents are often oblivious to their plight. I assess the child’s state of mind and provide a report that gives the parents insight into the child’s emotional state and how to deal with it appropriately and correctly.

PARENTING

VOICE OF THE CHILD ASSESSMENT

2hr session with each child
Up to 4 sessions
Norwood Office

PARENTING

VOICE OF THE CHILD REPORT

1-2 weeks
depending on amount
of VoC sessions