Hello Mediator - the better way to divorce
Find out how mediation can help you and your spouse reach a fair and amicable agreement on your divorce issues.
Discover the benefits of mediation and how it works in practice.
Mediation is a process that can help divorcing couples reach a mutually agreeable settlement without going to court. It involves meeting with a trained and impartial mediator who facilitates the discussion of issues such as child custody, support, and property division. The mediator does not have the authority to make decisions for the parties, but helps them communicate and negotiate effectively.
Mediation has many benefits over litigation, such as:
- It gives both parties more control, flexibility, and satisfaction than leaving the decisions to a judge, divorce lawyers, and a court system.
- It tends to be faster, easier, and cheaper than a traditional divorce.
- It reduces the conflict and stress that often accompany a divorce.
- It preserves the privacy and confidentiality of the parties and their issues.
If the mediation is successful, the parties sign a written agreement that records the terms and conditions of their settlement. This agreement can be simple or complex, depending on the nature of the dispute and the terms of the agreement. The agreement can then be filed with the court and made into an enforceable order. If the mediation is not successful, the parties can still pursue other options, such as arbitration or litigation.
Instances where mediation may not be suitable or ineffective include:
- It gives both parties more control, flexibility, and satisfaction than leaving the decisions to a judge, divorce lawyers, and a court system.
- It tends to be faster, easier, and cheaper than a traditional divorce.
- It reduces the conflict and stress that often accompany a divorce.
- It preserves the privacy and confidentiality of the parties and their issues.
If the mediation is successful, the parties sign a written agreement that records the terms and conditions of their settlement. This agreement can be simple or complex, depending on the nature of the dispute and the terms of the agreement. The agreement can then be filed with the court and made into an enforceable order. If the mediation is not successful, the parties can still pursue other options, such as arbitration or litigation.
What We Offer
Mediators work in the shadow of the law to solve disputes that could be very emotional and sensitive. We want all the parties affected by the situation to have a voice and safe space to be heard and understood.
You may seek mediation at different stages of a divorce process, depending on the situation and the needs of the parties. Here are some possible scenarios when mediation can be helpful:
- Before filing for divorce, if both parties want to explore the possibility of resolving their issues amicably and avoiding litigation.
- After filing for divorce, if the court orders or refers the parties to mediation, or if the parties voluntarily agree to try mediation.
- During the divorce proceedings, if the parties encounter difficulties in reaching an agreement on some or all of the issues, such as child custody, support, and property division.
- After the divorce decree is issued, if the parties need to modify or enforce their agreement due to changed circumstances or disputes.
As independent mediators, we can offer you and your spouse a range of services to help you navigate your divorce in a peaceful and cooperative way. Some of the services that we can offer are:
- Facilitating communication between you and your spouse and helping you to listen to each other and understand each other's perspectives and feelings.
- Providing information about the law, the court process, and the options available to you for resolving your issues in a way that works for both of you and your children.
- Guiding you in deciding how to divide your assets and debts, how to arrange custody and parenting time for your children, how to determine child support and spousal support, and how to deal with any other issues that may arise in your divorce.
- Drafting a settlement agreement that reflects the terms and conditions of your agreement and that can be filed with the court and made into a legally binding order.
- Referring you to other professionals or resources that may be helpful for you, such as lawyers, counselors, financial planners, or parenting coordinators.
Frequently Asked Questions
Mediation is a process that can help divorcing couples reach a mutually agreeable settlement without going to court. It involves meeting with a trained and impartial mediator who facilitates the discussion of issues such as child custody, support, and property division.
Mediation has many benefits over litigation, such as:
- It gives both parties more control, flexibility, and satisfaction than leaving the decisions to a judge, divorce lawyers, and a court system.
- It tends to be faster, easier, and cheaper than a traditional divorce.
- It reduces the conflict and stress that often accompany a divorce.
- It preserves the privacy and confidentiality of the parties and their issues.
Most disputes are appropriate for mediation, as long as the court has jurisdiction in respect of the matter. Examples are contractual claims; motor vehicle collision and other damages claims; neighbourhood disputes and family disputes.
There are no court fees for mediation. There will be a charge for the issue of summons by the sheriff of the court and the mediator is entitled to charge a fee according to a fixed tariff.
The cost of a litigated divorce in South Africa depends on whether the divorce is contested or uncontested. A contested divorce is where the parties involved cannot agree on crucial issues, such as child care, support, and the division of assets. In this case, the whole process goes to trial, and the judge becomes the arbiter. A contested divorce can cost anything from R 25 000 to R 500 000 or more, depending on the complexity of the case, the number of issues in dispute, the duration of the trial, and the fees of the lawyers involved.
The cost of a mediated divorce in South Africa depends on the time and fees involved in the mediation process and the legal divorce process. The cost of divorce mediation is generally between R 10 000 to R 25 000, including the legal divorce processes. The time and fees vary considerably from one divorcing couple to another and one mediator to another.
The duration of mediation depends on the complexity of the issues, the level of cooperation between the parties, and the availability of the mediator. Some mediations can be completed in one or two sessions, while others may take several weeks or months.
The parties can choose whether or not to have lawyers represent them in mediation. If they do, the lawyers can advise them on their legal rights and obligations, review the settlement agreement, and file the necessary paperwork with the court. If they don’t, they can still consult with lawyers before or after mediation if they wish.
If the mediation is successful, the parties sign a written agreement that records the terms and conditions of their settlement. This agreement can be simple or complex, depending on the nature of the dispute and the terms of the agreement. The agreement can then be filed with the court and made into an enforceable order.
If the mediation is not successful, the parties can still pursue other options, such as arbitration or litigation. The mediation process does not affect their legal rights or obligations, nor does it prevent them from going to court if they cannot reach an agreement.
Court-ordered mediation is a mandatory mediation session ordered by a judge in a divorce proceeding. If a judge orders mediation in your case, and you don’t attend, you may face penalties, like contempt of court. The court will assign a date for your court-ordered mediation, which means neither spouse has control over the schedule.
You do not need a family lawyer for mediation, but you may want to consult with one if you have legal questions or concerns. A family lawyer can advise you on your rights and obligations, review the agreement, and file the paperwork with the court. A mediator is not a lawyer and does not give advice or make decisions. A mediator helps you and your spouse communicate and negotiate effectively, and guides you in resolving the issues in your divorce. You and your spouse are the ones who make the final decisions and sign the agreement. Whether you need or want a family lawyer for mediation is up to you, depending on your budget, comfort level, and confidence in the process.
