Our Process

The mediation process is structured to be as efficient as possible and minimise complications. We follow a process that ensures all of the voices involved can be heard, agreement can be reached and concluded constructively and amicably.

The Initiation Phase
Bringing the parties facing the dilemma together is the first step. We explain the mediation process to you in detail and lay out the procedure going forward in a manner that is clear and respectful to the parties.

Introductory Sessions
Here, we establish exactly what the circumstances of the conflict are and begin discussing a way forward. We commence the dialogue between both parties, with each being given an opportunity to be heard. Concerns are laid out and relevant information is discussed to make the process meaningful and constructive for both parties. The legal principles relevant to the dilemma are explained and discussed.

Child Interview
Because of our emphasis on the importance of the welfare of the children involved, we request that the couple’s children be interviewed by a professional child therapist, where the child’s voice can be heard in an appropriate and safe environment. This step ensures that consideration is given to the child, with the professional therapist’s interview results being included in the discussions with the parties.

Therapist Feedback
The purpose of the feedback is to inform the parents to be aware of how their children are truly experiencing the current dilemma and to guide them in how to manage the way forward taking their children’s well-being and emotional state into consideration.

Final Mediation
With the child evaluation completed, we continue the mediation process to reach a point where both parties feel that they are satisfied, that they have been heard and that the process has been transparent and fair. This phase takes, on average, two to six sessions, depending on the circumstances and nature of the dilemma. All of the aspects agreed upon in these mediation sessions are noted for a final compilation of information. Only that which has been agreed upon by both parties is included.

Conclusion
The final phase of mediation involves the drawing up of two main documents: a Parenting Plan and or a Settlement Agreement.

The Parenting Plan outlines the agreed process going forward regarding the parental rights, responsibilities and duties of each parent, with the results of the child evaluation being taken into consideration. This document is then passed on to a Family Advocate and registered.

The Settlement Agreement contains the agreements reached regarding the matrimonial regimes, the spousal maintenance, immovable and movable property which will become part of the divorce summons and made an order of the divorce court.

The Finalisation of the Divorce
After signature of the settlement agreement, the matter will be enrolled at court as an uncontested divorce.

We have found that the mediation process is tremendously successful, with many divorces that are mediated being significantly less drawn out, less traumatic on the children involved and less costly. These steps are adapted to suit each case, since every separation has unique factors and circumstances that must be included in the negotiations. Generally, the full process takes an average of two to six mediation sessions, depending on the circumstances and disputes in the separation.