Services – Mediation

Mediation of a family law dilemma does not seek to bring couples back together. It is not couple’s therapy, and it is certainly not a platform for abuse.

Mediation is a process of acknowledging the circumstance, and then seeking and discussing practical and legal solutions to assist the family to move forward.

It is not easy: having to confront conflict and face your own circumstances fully is something that many shy away from, with the easiest option being to pay a lawyer to steamroll over the opposing party.

Taking on mediation means taking responsibility for the process. All parties will be given an opportunity to be heard fully, with an independent and objective mediator qualified as an attorney, ensuring that all discussions are fair and balanced.

The most important aspect of mediation is the fact that it is done in a safe environment, where no prejudice is afforded to either party. Both parties are given equal opportunity to present what matters, and decisions are made only with agreement from both parties.

The process centres on solutions rather than problems; it aims to place the focus on the future.

Very importantly, having a separation, divorce or family dilemma mediated is better when there are children involved. Whether they are young or adolescent, the voices of the children must be heard – a divorce or separation can deeply affect a separating couple’s children, even if they are not openly showing it.

We place great value on our practice of having affected children being evaluated by an independent, experienced and fully-qualified child therapist, with the results of the evaluation becoming part of the mediation process.

Once mediation has been concluded and solutions have been reached, we compile them into a comprehensive document such as a parenting plan and settlement agreement that will be approved by the Family Advocate and made legally binding by court order. This makes the process concrete and the effects long-lasting. The results of mediation are permanently enforceable, and only once both parties have agreed to each and every aspect of the results.

A very attractive aspect of mediation is the fact that it’s much more affordable than litigation. No lengthy court battles mean that the losses financially as well as the emotional strain on both sides are kept to a minimum.

Mediation puts the parties in control of the process. And rightly so with the parties having so much at stake. It is their dreams, their children, their property and their future that is involved. Therefore, the parties should be at the helm of the process with the help and guidance of a trained lawyer-mediator as well as a child therapist.

Furthermore, mediation minimizes the strain that comes from the uncertainty and stress that is packaged with litigation. The uncertainty of what the opposing side’s strategy or next step will be is very exhausting emotionally. Having an attorney respond to every demand, email, and letter is also immensely costly. Litigated dilemmas often take years before it is finalised and creates an unnecessarily long drawn out battle that in most cases could have been settled and finalised within a few months.