Divorce Mediation

Divorce Mediation is for couples who are having difficulty agreeing on a way forward. It allows separating and divorcing couples to take control of the process and plan their personal road forward. It is especially beneficial for parents, who though separating, will need to co-parent together for years to come.  Issues that will be addressed at mediation for example are :   

  • Division of assets
  • Maintenance
  • Contact and Care are of the children
  • Visitation schedules
  • Anything else that the spouses want to agree upon

Contested divorces can run into hundreds of thousands of rands, only for the matter to eventually be settled on the steps of the court before the trial begins. The money wasted on fighting the battle to win, could be utilized for much better purposes.  In a landmark Judgment MB v NB 2010(3)SA 220 (GSJ), Judge Brassey said that mediation would have been a better option than litigation and that the exorbitant legal fees (R 750 000 in this matter) could have been put to better use, such as defraying the costs of private schooling for the couple’s children. Because the attorneys failed to refer their clients to mediation the court penalized them by severely limiting the fees they were able to recover from their client’s. The message was clear, attorneys have to refer their client’s to mediation when it becomes clear that they cannot agree on anything.   

Benefits of Divorce Mediation:

  1. Cost-Effective: Often less expensive than litigation.
  2. Faster Resolution: Typically quicker than going through the court system.
  3. Confidential: Discussions in mediation are private, unlike court proceedings.
  4. Control: Couples maintain decision-making power rather than leaving outcomes to a judge.
  5. Reduced Conflict: Encourages cooperative problem-solving and communication.
  6. Focus on Children: Promotes arrangements that prioritize the best interests of children.

Key Steps in Divorce Mediation:

  1. Initial Meeting: The mediator explains the process, gathers information, and identifies the main issues to address.
  2. Discussion of Issues: The mediator facilitates open communication about financial matters, parenting plans, and other concerns.
  3. Negotiation: Both parties work to create agreements that satisfy their needs and legal obligations.
  4. Final Agreement: The mediator drafts a written agreement reflecting the parties’ decisions, which can be submitted to the court for approval.

When to Consider Divorce Mediation:

  • If both parties are willing to work together constructively.
  • If there are children involved and both parties want to minimize stress.
  • When privacy is a priority.
  • If there is a desire to avoid lengthy and adversarial court battles.

Mediation may not be suitable in cases of abuse, extreme power imbalances, or when one party refuses to participate in good faith.

Mediation is a service that we feel so passionate about that we have an entire website dedicated to it, you can read up on mediation here