DIVORCE MEDIATION
Divorce mediation promotes a more peaceful and collaborative approach to divorce, focusing on the best interests of the children involved and striving for fair and equitable settlements that both parties find acceptable.
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Divorce Mediation
Divorce mediation in South Africa is a commonly chosen alternative to litigation to resolve marital disputes and dissolve marriages in a more amicable and cooperative manner. Divorce mediation is a voluntary and confidential process where we, as neutral third-party mediators, facilitates open and constructive communication between the divorcing spouses. The mediator helps the couple to identify and discuss their individual needs and concerns and assists them in reaching mutually acceptable agreements related to child custody, financial matters, and property division. Divorce mediation promotes a more peaceful and collaborative approach to divorce, focusing on the best interests of the children involved and striving for fair and equitable settlements that both parties find acceptable. It offers a less adversarial and faster way to finalize a divorce, encouraging cooperation and reducing the emotional and financial impact of the separation process on families.
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.
What is mediation?
In short, it is a process by which a mediator assists the parties in a legal dispute, without going to court.
The mediator will:
- Facilitate discussions between the parties.
- Assist the parties in identifying issues.
- Explore areas of compromise.
Do I have choices when it comes to divorce?
Nowadays married couples have some form of choice as to the manner in which the divorce will be done. All roads lead to Rome they say and all will eventually end up in an Order of Divorce, but how you get there might differ. Here are some options that you have:
01
Negotiation
Remember, at one stage your spouse was your one and only, so if at all possible, you should attempt to negotiate a settlement with your spouse. Once you have reached a middle- or common ground with your settlement agreement, a settlement agreement can be drafted.
02
Mediation
When every conversation with your spouse turns into a Greek Satire Play or a screaming contest, it might be wise to opt for mediation. During mediation both parties will have the opportunity to have their say in front of an unbiased (and non-emotional) mediator. The mediator stays impartial and there is no verdict or judgment in the end. The main goal of mediation is to guide the spouses within the framework of the law to make them reach their own settlement.
03
Collaborative Divorce
This is fairly new in South Africa. This is where you and your spouse work with divorce attorneys, divorce coaches or psychologists, financial professionals and child specialists (if needed) to help you resolve your divorce issues before it goes to court. Once an agreement is reached, a settlement agreement and relevant court documentation is drafted, before guiding you through the court system in order to finalise your divorce. Due to the fact that so many (specialised) people might be involved, this could turn out to be extremely expensive.
04
Litigation
The final stage of a divorce is battled in a Divorce Court. This is the traditional way where you (and your spouse) need to go to court and present evidence that the marriage has been irretrievably broken down.