MEDIATION & ALTERNATIVE DISPUTE RESOLUTION
Why choose mediation?
Family disputes are deeply emotional and stressful, often involving sensitive issues such as divorce, child custody, maintenance, and property division.
The traditional route for resolving these matters has often been through trial through which the court then decides the fate of the dispute.
In recent years, family law mediation has emerged as a popular and effective alternative in resolving such a dispute and is now supported by various pieces of South African legislation including the Children’s Act and the Mediation in Certain Divorce Matters Act.
Mediation offers a more amicable, affordable, and cooperative approach to litigation and resolves conflict in the family by reaching agreements that are both fair and tailored to the family's specific needs.
So what makes it so special?
Cost-Effective: One of the most significant advantages of family law mediation is its cost-effectiveness. Litigation can be expensive and time-consuming. Mediation is less costly and much quicker. This is significant in family disputes where ongoing financial stability is a concern.
Less Stressful: Mediation is a less formal and less confrontational process compared to court proceedings. Families are often able to resolve their issues in a less adversarial environment, which can lead to better long-term relationships, particularly when children are involved.
More Control Over the Outcome: In mediation, the parties have the power to decide the outcome, rather than a judge. This means that the solutions are often more creative and tailored to the specific needs of the family, which can be more satisfying for everyone involved.
Confidentiality: Unlike court proceedings, mediation is confidential. This ensures that sensitive personal matters discussed during the process remain private, providing an added level of comfort to the parties involved.
Faster Resolution: Mediation can often lead to quicker resolutions compared to the lengthy timelines associated with court proceedings. In family matters, where emotions run high and decisions are urgent, mediation can facilitate faster decision-making.
How to choose a mediator
It’s essential to choose a mediator who is impartial, qualified in terms of the ADR International Mediation and Arbitration standards, and experienced in handling family law matters.
To date, there are no regulations in terms of what may constitute a mediator and it's generally accepted that any lawyer may be appointed as such but not all lawyers have received specific training in alternative dispute resolution.
Therefore, to get the maximum gain out of mediation, the mediator must be able to produce a certificate that they have been trained as a mediator.
Let's do this
Initial Consultation: The mediation process typically begins with an initial consultation where the mediator explains the process, sets the ground rules, and ensures that all parties are willing to engage in good faith. This stage is crucial for establishing trust and ensuring that everyone is on the same page.
Mediation Sessions: The mediation sessions are where the bulk of the discussion and negotiation takes place. The mediator facilitates the conversation, helping the parties explore their interests, address conflicts, and find mutually beneficial solutions. These sessions may be held in person or online, depending on the preferences of the parties.
Agreement: If the parties are able to reach an agreement, the mediator may help them draft a formal written agreement. This agreement can then be submitted to the court for approval, making it legally binding. For this reason it is essential that the parties choose a mediator who is a legal professional as well as a mediator. If no agreement is reached, the parties have the option to proceed to court.
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Our office has one of the very few internationally recognised mediator lawyer who has the nescessary insight and know-how to assist in every