DIVORCE MEDIATION: SIT DOWN AND TALK, BEFORE YOU LAWYER UP.

The benefit to Mediation as opposed to Litigation (fighting it out in court) is that it minimizes the emotional impact of conflict on children. Studies consistently shows that it is not the divorce itself that hurts children but the level of conflict between parents. Mediation minimizes conflict and teaches parents to co-parent whilst litigation amplifies it!

Since Rule 41A of the Children’s Act (making mediation a consideration before litigation) became operational, a lot of people have been asking what the role of a mediator is. People confuse mediators with judges and mistakenly assume that Mediators make decisions on their behalf. They do not. They assist parties in making rational, informed decisions in a relaxed, controlled environment.

WHAT IS MEDIATION?

In a nutshell, mediation is a structured, dispute resolution process which aids and supports parties to identify issues, develop options, consider alternatives

and develop outcomes in making important decisions about their future and the lives of their children.

WHAT DOES A MEDIATOR DO?

Divorce mediators are master negotiators! The mediator guides and facilitates discussions and negotiations so that participants see the truth in their own decisions. Reality-testing is key to all mediations. This saves time and costs in disputes when parties are looking for reasonable outcomes that works for their families while being legally compliant.

Divorce mediators are trained legal professionals skilled in helping spouses to set aside emotions and make rational

decisions that will help to bring the marriage to an amicable close, in a way that is fair and equitable.

It is however important to appoint a Mediator with a legal edge Family Law experience is of importance as well as a sound knowledge of the Children’s Act, Pension Act, Divorce Act etc.

WHY SHOULD YOU MEDIATE YOUR DIVORCE?

1. It is 100% confidential.

What happens in mediation stays in mediation. The mediation process is confidential and enables both spouses to have more direct control over the terms and conditions of their divorce

agreement.

2. It saves time.

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 (sometimes even more) to finalise.

3. It saves families a lot in terms of legal fees.

We all know that Attorneys comes at a hefty fee and every letter, WhatsApp message, telephone call made and received are being billed for.

The total cost of a mediated divorce equals the initial deposit paid to an

Attorneys Firm to commence legal steps.

Divorce is a traumatic experience, but it does not have to be messy, time consuming and costly. Consider mediation as your first step to freedom.

D O N ‘T   H E S I T A T E   M E D I A T E.

By Lizelle Stoltz: The Divorce Negotiator