Mediation
Divorce proceedings have a reputation for being longwinded, expensive and fraught with tension.
This occurs when the divorcing spouses cannot reach agreement on important aspects of their divorce settlement.
Factors that often impede agreement include:
- Maintenance payments;
- child care and contact of children; or
- the division of assets and sharing of debt.
CIRCUMSTANCES OF DIVORCE
The circumstances of the divorce play an important part in this process, and can determine whether mediation is appropriate. The more aggrieved one or both spouses feel, the more emotionally charged their meetings will be, and the less likely they are to agree the terms of their divorce.
A divorce in which one spouse was caught cheating, for example, is often more difficult to bring to agreement that a divorce where the spouses have come to realise that they are no longer in love and decide to terminate their marriage.
MEDIATION AND THE MEDIATOR
Divorce mediators are trained professionals skilled in helping spouses to set aside emotions and make rational decisions that will help to bring the marriage to a close in a way that is fair and equitable.
When divorcing couples are struggling to reach agreement, their attorney may hold initial negotiations but will most often recommend a skilled and experienced mediator that is skilled in facilitating divorce settlements with similar circumstances.
The mediation process is confidential and enables both spouses to have more direct control over the terms and conditions of their divorce agreement. In terms of time saved, a mediated divorce can take just three months to resolve, whereas an unmediated, or litigated divorce can take one to two years, or more, to finalise.
Want help or advice with mediation? Call us now on +27 (0) 86 099 5146, or email sdippenaar@sdlaw.co.za.
Simon Dippenaar & Associates Inc. is a firm of specialised family lawyers and divorce attorneys in Cape Town and Gauteng.
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