Mediation is a voluntary process, where both parties are willing to negotiate toward a mutually beneficial solution. It provides a relatively quick, cost-effective and amicable alternative to litigation.
The role of the mediator/s is to provide information, to enable you to make informed decisions, but the decisions in the room are made by the two of you. The mediator/s is there to assist with negotiation and to help generate solutions so that an agreement can be reached. They will not simply assess your situation and dictate a solution. You have to live with the outcomes – so it makes sense that you make the decisions.
Mediation takes place in 90 minute sessions. On average the process takes 3-5 sessions to complete.
Individual sessions might be necessary in the beginning or during the mediation process. Individual sessions take place in 60 minute sessions.
At the end of the process, the mediator/s will draft a Memorandum of Understanding (MOU) and/or Parenting plan which incorporates everything you have agreed to throughout the process. This document is without prejudice. You are encouraged to take the MOU/Parenting plan to an attorney. This is to protect your rights.
The divorce process will be explained to you by the mediator/s, if applicable.
Please note that in terms of legislation it is mandatory for parents to take into account a child’s views and wishes when making decisions which impact on his/her life. In line with this, all children over the age of four are seen in a child interview with an appropriately trained professional.
This is NOT counselling or an assessment but is designed to give children an opportunity to discuss their views and wishes. Children are NOT asked to make choices about issues but are encouraged to think about how they would like things like residency and contact to work.
This is just about providing an opportunity for parents to hear how their children feel – it doesn’t necessarily mean that children always get what they want. Ultimately, parents must make decisions they deem are in their children’s best interests.
- Both parties are satisfied that outcome is fair as both is involved in the decision making.
- Parties learn to co-operate for mutual benefit.
- Less likelihood of future litigation as both committed to the agreement reached.
- Less expensive than litigation.
- Divorce/Separation is done in a respectful, humane and dignified way.
- Negotiation period is shorter, enabling quicker reconstruction of parties lives.
- Mediation models a means of communication and problem solving for the future.
The sessions are charged at R1000.00 per session – paid by either or both of you.
The cost of the MOU and/or Parenting plan is a further R1800.
If you are interested in beginning the mediation process or have any questions, please e-mail to email@example.com or for telephonic contact: 083 634 7639.
Please note that we do not mediate in cases of domestic violence, especially where an interim or final protection order is in place. Also, we require that you notify us of any past protection orders against either party, in which case we will decide whether or not to proceed at our discretion.
Please note further that should there be any abuse of drugs or alcohol by either party, our policy is that we will not mediate.