Divorce and Litigation
It is a sad and unfortunate step when a marriage or long term romantic partnership ends. The statistics indicate that this phenomenon is very much part of our daily modern lives. It is even more unfortunate that such a painful experience is often exacerbated by the process of divorce litigation. A win/ lose situation is created where conflict is not contained, but often fuelled and where children are not acknowledged and their voices are not heard. Litigation is an adversarial in nature and divorce is caught up within this process.
What is Divorce Mediation?
- Divorce mediation is a negotiation method frequently used as an alternative to court-based divorce.
- You and your future ex-spouse (and your respective lawyers in some cases) voluntarily hire a neutral third party (divorce mediator) to discuss and resolve issues in order to negotiate an acceptable divorce agreement.
- The divorce “mediator” facilitates communication and negotiation between the spouses, but does not make any decisions for them.
- Either party can leave divorce mediation negotiation at any time.
- Mediation establishes a framework where parents can focus on the needs of their children and learn to negotiate and plan towards meeting the best interest of their children.
In Summary, Divorce Mediation is a process where disagreements or disputes over various issues in the process of divorce are resolved through the mediation of a neutral third party. It takes place in an atmosphere of negotiation towards a solution and mutually beneficial outcome.
What circumstances are best for divorce mediation to be used?
- When you and your significant other split up, divorce, re-negotiate an agreement etc. and can still speak/communicate amicably enough to negotiate the terms of your separation,
- When the parties need to have a relationship in the future
- When relevant parties want to resolve a dispute regarding a Parenting Plan, or setting up a Parenting Plan
- When parties want to negotiate child care, child contact, child maintenance, and/or
- When separating spouses need to divide assets for divorce settlement reasons
Many divorces require specialist South African divorce attorneys to represent their client’s and their children’s best interests. Call Divorce Attorneys now for someone who cares and will fight passionately for your interests!
Advantages of Divorce Mediation in South Africa?
- You save time and money rather than going to court: Expensive litigation is avoided and conflict is reduced due to the parties working together
- You and your spouse are more in control of planning your own future allowing for more freedom in the decision making
- Mediation is not a court hearing, the “divorce mediator” is impartial and is not a judge. No prejudice and confidential, and most importantly:
- Most importantly: the Best Interest of the Child is the highest priority in Divorce Mediation.
- Divorce Mediators are specialists in taking into account the best interest of the child and assisting parents to formulate a child-focused parenting plan.
- The divorce process is made understandable and both parties are heard & acknowledged, open communication is created that focuses towards positive future co-parenting.
Divorce Mediation with Divorce Lawyers in South Africa
In Divorce Mediation it is strongly advised that each participant has at least one session with their own South African divorce attorney to examine the draft divorce agreement and approve that their clients best interest was taken into account in these divorce negotiations.
Divorce Mediator
- The divorce mediator can guide and provide expert input when compiling a Parenting Plan, this can be done even after litigation has commenced. In fact it is paramount to involve divorce Mediators in setting up Parenting Plan.
- The Divorce Mediator can provide information pertaining to the Law, Parenting & Financial Issues involved in divorcing your spouse
- The Divorce Mediator is trained and accredited by FAMAC and has experience in various issues of Mediation, Law and Psychology specifically pertaining to children and families.
- Divorce Mediators can be Psychologists and Social Work practitioners trained in the basic principles of Family Law and are often involved in Forensic work regarding care and contact assessments and well versed in the needs and pitfalls of Parenting Plans.
Remember that Mediation can only be successful when both parties are willing to participate and commit to attend all the sessions and negotiate toward a solution. Mediation is usually not advised where extreme family violence and power imbalances are concerned.
The Divorce Mediation Process
Generally the Divorce Mediation process would occur:
Usually a 30 minute free informative consultation is offered for you to meet with the Mediator and discuss any uncertainty regarding
- Divorce Mediation is agreed upon
- Mediation Divorce Mediation Contract Drawn up between parties
- This is to guide the divorce mediation relationship
- An agenda for the mediation is set
- The fee structure is agreed to
- Divorce Mediator meets with Parties involved
- Divorce mediator meets with each relevant party individually, namely with each parent and all children
- This helps the divorce mediator with getting historical relationships, issue identification and further develop the divorce mediation agenda
- Mediated Negotiation
- Meetings are had between relevant parties focusing on:
o Negotiating the split of assets and property
o Strategies developed for effective communication and conflict resolution
o Parenting plan development
o Drawing up a child and spousal maintenance and other relevant financial plans
- Agreement Review
- The agreements are reviewed
- The Parenting Plan, Agreement of Settlement and Financial Agreement are reviewed individually with their respective divorce lawyers.
Call Divorce Attorneys now to have someone fighting hard for your best interests in your divorce proceedings.
- Officialising the agreements
- Your Divorce Lawyers make the agreements an order of the Family Advocates Office and/or an order of the court
More about the Divorce Mediation Process:
- mediation sessions: usually minimum of 90 minutes in length
- can take three to six sessions (depending on the level of complexity and quality of participation of each party)
- Fees are paid prior to the sessions and calculated per session
- During the Mediation Process a Summary will be drafted
- After both parties are in agreement of the outcome, the Summary is converted into an Agreement of Settlement by an attorney or through the Family Advocate. This will become an Order of Court
- It is advisable that each party consult at least once with an attorney to ensure their legal rights have been protected in the agreement.
The aim of mediation is to grant parties the empowerment to stay on board as parents after divorce and partake in their children’s future without the obstacle of the debris of Divorce, thus enabling them to fulfil their parental tasks and to fully address the needs of their children.
Contact Simon Dippenaar & Associates are experts in family and divorce law. Should you need assistance with divorce mediation contact us on 086 099 5146 or sdippenaar@sdlaw.co.za.
Further reading:
For more about divorce mediation click here.
Fore more about choosing the right divorce attorney click here.
For more about divorcing a foreigner click here.