BE IN CONTROL OF YOUR OWN PROCESS

BE IN CONTROL OF YOUR OWN PROCESS

While making wise and cost efficient decisions

 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.

WHY CHOOSE MEDIATION?

COST EFFECTIVE

VOLUNTARY

CONFIDENTIAL

CONFLICT REDUCED

YOU CONTROL THE OUTCOME

FLEXIBLE & INFORMAL

Benefits of Divorce Mediation: 

Divorce mediation is a process where divorcing couples meet with a trained mediator to resolve divorce-related issues. Mediation is the preferred method of courts and is one of the most frequently used methods of negotiating a divorce settlement.
Added to the obvious benefits of mediation being less expensive and faster than litigation, it allows couples to be in control of the process, working towards resolution, in a more friendly and less hostile atmosphere. Mediators do not make decisions for either parties but facilitate the process in a neutral, confidential manner. Most mediations result in an agreed divorce settlement. The mediation process can improve communication, helping you to avoid direct conflict which is beneficial especially where children are involved.

What Is A Parenting Plan?

A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will be in charge of specific responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation saves parties not only the financial and emotional costs of litigation but the uncertainty of how favourable or unfavourable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation that may be less costly than litigation.

Mediation is flexible and confidential.

It provides you and your spouse an opportunity to resolve conflict in a manner that will benefit you in your parenting roll in future

Resolving conflict in marriage/relationships: 

Not all conflict in marriages/relationships need to end in divorce or separation. A mediator will assist couples in reviewing obvious and underlying problems, mediate best-fit options to resolve the issues, and assist with reassessing the situation as needed. This process can improve communication between couples, which in itself is helpful to avoid future conflict. Conflict resolution should not be confused with marriage/relationship counselling. This process is much more geared towards problem-solving and finding solutions.

WE OFFER SPECIALISED SERVICES IN THE FOLLOWING THREE CATEGORIES:

DIVORCE MEDIATION AND DIVORCE SETTLEMENT AGREEMENTS

DIVORCE MEDIATION AND DIVORCE SETTLEMENT AGREEMENTS

PARENTING PLANS

PARENTING PLANS

CONFLICT RESOLUTION IN MARRIAGES/RELATIONSHIPS

CONFLICT RESOLUTION IN MARRIAGES/RELATIONSHIPS

THE MEDIATION PROCESS

Ideally Mediation sessions are 1-2 hours with both parties present

It is difficult to guess how many sessions will be needed as this depends on the parties involved.

We assist parties in working towards resolutions relating to finalising their separation, divorce and co-parenting.

About Mediation

The mediator remains totally impartial and does not represent any/either party, but assists parties to reach a settlement without making decisions for them. Mediation is a method preferred by Courts (Brownlee v Brownlee). The process takes 2 - 3 weeks and therefore the collateral costs on both parents and children is much smaller.