Mediation: A sensible solution to an emotional decision.
A Divorce is a decision with emotional consequences that is, at its best, a difficult undertaking.
The end of a relationship is however much more than this.
The upheaval of divorce involves the heart-breaking process of separation, along with the added stress of legal issues, perhaps having to move, additional financial burdens and changes in parenting arrangements. This highly emotional situation is likely to affect everyone involved.
Whether your relationship was short or long, there is so much more than a legal dissolution which needs to be considered.
A Divorce, realistically, entails 3 divorces:
- The Emotional Separation
- The Financial Division and Sharing of Children
- The Legal Divorce
And they ought to be addressed in this order.
When caught up in the adversarial family law system with some unscrupulous family attorneys who use threatening strategies and intimidating methods of representation, you will only be facing aggravation in an already difficult situation.
We need to recognise that this adversarial process produces nothing else than the breakdown of families, long term trauma for all involved and little hope for children to grow up well-adjusted and happy.
We, at Mediation Cape Town, therefore, undertake as promptly as possible, to address the major issues in order to ensure that divorcing couples can move on as quickly and painlessly as possible. We also encourage parents to consider mediation because of the many benefits it holds for children in divorce. While it is natural to want to fight to protect your relationship with your children, we are here to support you to keep your children at the centre of the love you share for them and not in the middle of your conflicts.
Mediation is a voluntary, interactive and solution focused process used in a way to assist and resolve dispute between 2 or more parties. Mediation keeps the focus on the needs and rights of the parties and helps them to negotiate an agreement in a results-driven manner.
Mediation is broadly becoming recognised as a more peaceful and accepted solution to end conflict. Our Courts are increasingly supporting mediation in divorce proceedings as a family law dispute resolution process and South African Divorce Attorneys are encouraged to adopt this non-litigious collaborative approach.
Many times, divorcing clients feel stuck and unable to make critical decisions about their life, leaving the legal process unable to move forward.
Mediation is different from going to an Attorney in that it will support the clients in the divorce process by guiding them to make decisions themselves. It will not tell them how to handle their legal, financial and personal affairs but it will guide both parties through the process, if not more amicably, then more efficiently.
The mediation we offer has a primary purpose of being the resolution of matrimonial disputes outside of the Courts thereby avoiding litigation.
Mediation Cape Town’s Co-Mediation model, involves the appointment of two mediators: FAMAC Accredited
- A mediator with a mental health background and
- A mediator with a legal background.
The two mediators work together as a team, to assist the parties in resolving all of their disputes upon separation or divorce.
The mental health mediator focuses on the mental, emotional and psychological well-being of both parties and the best interests of any minor children, while the parties are conducting their negotiations.
The legal mediator, facilitates and guide the parties, to ensure that all of their negotiations and possible solutions found during the mediation process are within the scope of the law.
In this manner, divorce Co-Mediation can provide broader guidance to the parties and accelerate the process of the divorce once an agreement has been reached. It must however be noted that the legal mediator does not in any way act as the legal representative of either party during the mediation process. However, parties can request that the legal mediator represent both of them during the divorce process, this again allows for a saving of both time and money.
The recommended time span required to complete an unopposed divorce co-mediation is 2 – 3 sessions of 2 hours each, depending on the nature and complexity of the matter.
Mediation Cape Town offers the following services:
Our Mediation services cover all Family and Divorce related issues and we recommend mediation as a Sensible Solution to an Emotional Decision.
- Mediated Divorce Proceedings
With our Co-Mediation model which encompasses both a mental health and a legal perspective, we offer a comprehensive solution from mediating your divorce agreement to the divorce decree without the need to engage the services of another attorney.
- Care & contact
Care and contact of minor children form a very important aspect of a divorce/separation and as such require proper and professional attention.
- Maintenance Matters
- Parenting Plans
- Unmarried father’s rights
- Guardianship disputes
- Antenuptial contracts
- The Voice of the Child
When parents separate or divorce, decisions have to be made that will have significant impacts on their children. Finding ways to include children’s participation in those decisions is often referred to as promoting “the voice of the child”.
Unsure about this process? You can book an initial consultation to evaluate if this is the right option for you.
What are you trying to achieve that cannot be done in mediation?