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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.

 

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Who gets parental rights and responsibilities for the child?

Often a big question for couples when they decide to get divorced is what happens with their children.

In this article we will look at what does “rights and responsibilities” mean and who has them.

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Interim Protection Orders explained by our Attorneys in Cape Town

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In terms of the Protection from Harassment Act one can approach the Magistrates Court to get protection in the form of an Interim Protection Order which protects individuals from harassment which is not considered a crime.

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Corporal punishment - Explained by our Attorneys in Cape Town

What is corporal punishment? It has been defined as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light” by the United Nations Committee.

A National Survey was conducted in which it was found that 57% of parents use corporal punishment as their chosen disciplinary method and 37% of those parents use objects such as belts, wooden spoons etc., to carry out their discipline.

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