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Divorce & Family Law

Divorce & Family Law

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Divorce Mediation

If you are considering a divorce or you are in the process of a difficult divorce, you might want to consider divorce mediation.

Mediation is an informal setting where both parties are able to come together and discuss their differences with a 3rd neutral party guiding the discussions. Mediation will attempt to resolve disputes and come to some form of divorce settlement.

Additionally, unlike litigated divorces that are exhausting, lengthy and costly, mediated divorces can take up to three months and therefore the legal costs are a fraction compared litigated/contested divorces.

Divorce Mediation Process

A mediator will set up ground rules before the mediation process takes place – these will be centred on respecting one another and the mediator. Once the rules have been established and agreed upon, the mediator will begin to ask questions.

Mediation allows both parties the opportunity to air their frustrations and desires for the division of the joint estate.

If both parties are eager to settle their differences and contribute positively to the process, mediation will often lead to a settlement agreement that the parties can utilise for their divorce.

When mediation takes place, it is important to know that a mediator is not there to make final and binding decisions for either party or decide who is right or wrong.

Instead, mediation is about assisting the parties to find middle ground that is fair and acceptable to both parties.

Financial Implications of Mediation

The financial implications for mediation are dependent on who the parties elect to mediate for them. The costs are usually shared by both parties and are discussed beforehand with the mediator.

Bailey Haynes Inc – Divorce Lawyers in Cape Town

At Bailey Haynes Inc. are preferred divorce mediators in Cape Town. Our mediation services are charged per session - a session can last up to 120minutes.

Contact us, for more information.

Divorce Mediation FAQS

Mediators strive to ensure that agreements are fair and equitable, focusing on the best interests of the entire family, especially children. Mediators facilitate discussions to ensure both parties' voices are heard and considered in the final agreement.

Yes, mediation can address all aspects of a divorce, from the division of property and debts to child custody and visitation schedules, as well as spousal and child support. The process is flexible and can be tailored to the needs of the family.

To start the mediation process, both parties should agree to participate and then select a qualified mediator. You can find mediators through referrals, professional mediation associations, or legal professionals. The mediator will then guide you through the process, from initial consultation to finalising an agreement.

Mediation is a more amicable, private, and cost-effective alternative to court divorce. It focuses on collaboration and negotiation, allowing couples to reach agreements suited to their unique situations, whereas court divorces often involve litigation and can be more confrontational and public.

The duration of divorce mediation can vary depending on the complexity of the issues and the willingness of both parties to negotiate. Typically, it can take from a few sessions over several weeks to a few months to reach an agreement.

The agreements reached in divorce mediation become legally binding once they are made an order of court. Although the mediation process itself is not a legal proceeding, the final settlement agreement can be submitted to a court to be ratified.

While mediation is beneficial for many, it may not be suitable for all situations, particularly where there is a significant power imbalance, a history of domestic violence, or an unwillingness to compromise. A mediator can help assess if mediation is appropriate for your situation.

If an agreement cannot be reached through mediation, couples may still pursue a resolution through the courts. Mediation does not preclude the possibility of litigation, but many couples find success in mediation, avoiding the need for a court trial.

Divorce mediation in South Africa is a confidential, voluntary process where an impartial mediator helps divorcing couples reach a mutually acceptable agreement on various aspects of their divorce, including child custody, division of assets, spousal support, and child maintenance.

A mediator can be any trained professional with expertise in divorce and family law matters, including lawyers, social workers, or psychologists who have completed specific mediation training and adhere to a code of ethics.

 

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