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Divorce Mediation

Divorce Mediation

Divorce Mediation – Helping You Resolve Your Divorce Quickly and Cost-Effectively

Our expert divorce mediators make use of sophisticated conflict resolution techniques and their extensive legal knowledge to guide parties to mutually beneficial and fair divorce settlements.
We assist our clients to reach consensus in all aspects related to divorce, including:

  • Patrimonial Claims (Assets & Liabilities)
  • Division of the Joint Estate
  • Accrual Claims
  • Jointly owned assets
  • Trusts
  • Parental Responsibilities and Rights
  • Care and Contact (Custody and Access)
  • Maintenance
  • Guardianship
  • Spousal Maintenance

Contact us to see how we can help you to avoid the pitfalls associated with divorce litigation.

 

Three reasons why you should consider mediating your divorce:

  1. The Court Rules make it mandatory to consider mediation.
    The introduction of Rule 41A to the High Court Rules compels litigants to consider mediation as an option to avoid litigation. If a party does not want to mediate, they must give an explanation to the Court as to why not.
  2. Save time and money.
    Contested divorce matters usually span over several months or even years, and cost tens of thousands of Rands. Mediation is low-cost, low-risk, and highly effective. In contested divorces the parties each have to pay their own attorney, while the cost of a mediator is usually shared, making it, even more, cost-effective.
  3. Mediation is focused on problem-solving rather than blame-shifting.
    Mediation is focussed on the realistic, and reasonable needs of the parties. Where Court litigation inevitably leads to a winner/loser scenario, mediation assists the parties to find real, practical solutions collaboratively.

How It Works

Mediation Intake
Once the parties have decided to mediate we enter into the intake and information gathering phase. In this phase, the parties complete and return our standard intake forms. Once both parties have completed and returned the necessary intake forms, a date is set for the first mediation session.

Mediation
Mediation consists of an individual session between each party and the mediator where the mediator gains insight into their expectations and concerns; this enables the mediator to engage with the parties constructively in a joint session. In the joint session, the settlement is discussed between the parties, duly facilitated by the mediator.

Post-Mediation
Once the mediation process has concluded, a Memorandum of Understanding is drafted on the spot and signed by the parties as a record of their settlement.
If the parties were unable to settle, the Mediator issues a certificate that mediation took place and the parties were unable to settle.

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