What is mediation?

Mediation is a process in which couples work through their differences with a trained and accredited mediator to reach agreement on issues in their divorce, such as how to split assets or make child care arrangements, rather than letting a judge decide for them. The mediator is a neutral third party who can help the couple draft a settlement agreement, which can then be reviewed by both attorneys. Mediation does not replace legal counsel. It’s important to seek legal advice in advance of mediation, to be sure you know your legal rights. Mediation can save a lot of time and cost by enabling you to avoid court (a contested divorce) and by cutting down on a lot of “to-ing and fro-ing” between lawyers to work out a settlement.

Is mediation a legal requirement?

In South Africa, mediation is not a legal requirement but is an option in the divorce process. It is the middle ground between an uncontested divorce, where couples cordially work out the terms of the divorce together, and a contested divorce, settled in a court of law.

Benefits of mediation

Mediation enables you and your spouse to have a meaningful conversation about the important matters in your divorce, without blame and recrimination. Mediators are skilled in conflict resolution and will prevent the discussion becoming a battleground.

A contested divorce can take months or even years to settle, and legal costs mount up. There are court costs as well. We encourage couples to seek an uncontested divorce or, if that is not possible, a mediated divorce. A mediator will cost more than sitting down with your spouse unsupported, but in the long run could save you money by enabling you to reach agreement more quickly. Mediation is also preferable to going to court because you and your spouse are in control of what happens. If you go to trial you hand over all power to the judge, whose job it is to decide for you, because you have demonstrated that you and your spouse cannot negotiate.

If you are considering divorce

If you are considering divorce and need legal advice, talk to our divorce attorneys. We’ll work with you on the way forward, and if a mediated divorce is right for you, we can recommend a mediator.

Contact family attorney SD Law for help with your divorce.

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