WHAT IS MEDIATION?
Mediation is a form of alternative dispute resolution where parties discuss their disputes with the assistance of a trained impartial mediator who assists them in negotiating a settlement - bypassing the need for litigation and the excessive costs incurred. The process is substantially more effective and faster, with increased adherence to agreements.
Mediators combine specialist knowledge of law, psychology and negotiation techniques in a way that minimizes the negative emotional and financial effects of the traditional approach. Settlements are negotiated out of court, and though no legal representation is required, parties may be assisted by legal counsel. A mediator remains impartial and does not represent either party. Confidentiality is core and the process is without Prejudice of Rights. This means that by participating in a mediation process you are not giving up any of your rights, nor are you at any legal risk. Mediation during a divorce is considered most effective and the legislator encourages parties to seek mediation, as the process seems to have the least negative impact on both adults and children (especially if a Parenting Plan is included in the mediation process).
The whole process of mediation is done according to a specific process that is accepted (and preferred) by the courts. If a settlement is reached during mediation, it can be made an order of Court. If a settlement is not reached the parties revert to litigation. No information given during mediation can be disclosed in court.
Mediation is compulsory in countries like the UK and Australia and the SA Government is looking to do the same to try and alleviate the massive backlog in our courts.