Mediation is a structured, interactive process, a form of alternate dispute resolution where an impartial third-party assists disputing parties in resolving conflict through specialized communication and negotiation techniques.
The first step to Mediation is to agree to mediate. It is a voluntary process that requires the participation of both parties. All participants in Mediation are encouraged to actively participate in the process collaboratively.
Mediation is a “party-centred” process in that it is focused primarily upon the needs, rights, and interests of the parties. The Mediator uses a wide variety of techniques to guide the process in a constructive direction and help the parties find their optimal solution.
A mediator is facilitative in that they manage the interaction between parties and facilitate open communication.
The Mediator will gather points of view through joint sessions with the parties or individual sessions (where appropriate) with each party to understand their interests and needs.
The Mediator creates an Agenda and will focus on specific points of view and interests that require resolution.
The Mediator guides the process to help the parties evaluate their options, always encouraging the parties to think about “Win-Win” scenarios, the best interests of the children, preservation of their wealth and their family if the relationship needs to continue post- divorce.
The parties will reach an agreement based on the various options generated, and the Mediator will then draft the agreement for them.
The Mediation Agreement can be adjusted as the circumstances change, e.g., Parenting plans and Maintenance needs as the children grow or if you need to move.
The Mediator guides the process, and the parties decide the outcome.
The best part of the Mediation Process is that it is Confidential, Impartial, Fair, and Without Prejudice.
The Mediator acts as a facilitator between the parties. Each person has equal opportunity to tell their story, vent if required and share their needs & thoughts, in order to reach a mutual agreement.
- Mediation is a voluntary process undertaken by both parties that starts with an agreement to mediate.
- Once the Mediation Agreement is signed the Mediator will understand both parties needs.
- This may take place by having a joint session or individual sessions with the parties to understand their interests and needs.
- The Mediator will create an Agenda to focus on specific points.
- The Agenda items will then be evaluated and agreed with the parties.
- The Mediator will guide the process to help the parties create and evaluate options.
- The parties will reach an agreement which will then be drafted by the mediator into a settlement agreement or Memorandum of Understanding.
- The Agreement can be reviewed by legal practitioners.
- The Agreement can then be taken to court and made an order of court to be legally enforceable.
- Any changes to the agreement because of circumstances changing may be brought to the Mediator to update and adjust.
MEDIATION IS INFORMAL
An advantage of Mediation is that it is a far more informal process than the traditional adversarial litigation route. Since it does not take place in a court, it can be collaborative and creative in the approach.
MEDIATION SAVES TIME
Time rules do not bind Mediation. It is a process that can occur at any time and at any place. Because it is an informal process, it is not dependent upon the availability of a Court, nor is it dependent upon the availability of a Judge. All it requires is a time and date when the Mediator and the Parties are available.
MEDIATION SAVES MONEY
Fighting a matter in court is expensive. Litigation has many hidden costs – Mediation does not have hidden fees.
MEDIATION PRESERVES FAMILY RELATIONSHIPS
Mediation preserves family relationships, which is especially necessary when children are involved, and the relationship needs to continue. Litigation, on the other hand, can and does destroy family relationships.
MEDIATION IS VOLUNTARY
The parties will agree to enter into the Mediation of their own free will. They may also terminate if required. Agreements usually reduce future disputes about the contracts entered into since they jointly agreed upon them.
THE PARTIES ARE IN CONTROL OF THE OUTCOME
A Mediator guides the process, and the parties decide the outcome. All parties have the right to terminate the session at any time
MEDIATION HELPS PARTIES FIND COLLABORATIVE SOLUTIONS IN THE BEST INTEREST OF ALL PARTIES
The mediator and parties work on proposing solutions to work towards the future instead of looking at the past evidence to prove a point.
MEDIATION HELPS TO REDUCE LEVELS OF CONFLICT
Working through the Mediator assists in the resolving of conflicts as the Mediator can reframe many of the discussions, mutualise them and do reality checks to ensure that there is a win-win achieved
THE MEDIATOR REMAINS IMPARTIAL
The Mediator does not decide the outcome, nor does the mediator provide solutions. The Mediator facilitates discussions between the parties to allow them to come up with their solutions. The mediator acts as a guide to ensure that the legality is adhered to. The mediator remains fair, balanced, and neutral in the process
MEDIATION IS CONFIDENTIAL & WITHOUT PREJUDICE
Discussions held during Mediation cannot be used in litigation processes, therefore they are without prejudice. All discussions held during the Mediation are confidential and only become binding when signed by both parties. This allows the parties to negotiate freely to enter into an agreement in everyone’s interest.
Why Choose Mediation Over Litigation?
On average, it can take family members approximately four to eight years to recover from the emotional and financial expense of a bitter adversarial divorce.
In an adversarial, high conflict divorce, there is little possible resolution of the emotional issues, only decreased trust and increased resentment.
| Mediation | Litigation | |
|---|---|---|
|
Decision Making & Control |
Proactive! You are in control of the outcome and the |
Reactive. Lawyers, Magistrates and Judges rely on precedent which |
|
Cost |
Financially responsible and cost effective. |
Financially draining on your assets, and your future wealth for yourself and your children. |
|
Communication |
Fosters an open and honest dialoque of issues. |
Communication between parties is discouraged by |
|
Confidentiality |
All information shared during the mediation process is |
All information, including finances, becomes part of the |
|
Emotional |
Cooperative, comfortable and less stressful. "Win-Win", and best interests of both parties considered. |
Adversarial and contentious (you vs. them mentality) Win at all costs for the client, not for all concerned. |
|
Impact on Children |
Minimized! The needs of the children remain central |
Often overlooked. Children may be "weaponised" and used as pawns in legal proceedings. |
|
Meeting Tone |
Business-like & informal. |
Formal and intimidating. |
|
Duration of Process |
Time efficient by design, and under the control of the parties. |
Court dictated & lengthy. |
|
Future Interactions |
Stage is set for future agreements, preservation of family relationships and family wealth. |
Stage is set for future disputes, erosion of family relationships and family wealth. |
Fee Structure
Mediation fees
r1,000.00
per hour for consulting and drafting of agreements.
- Quotes will be provided based on the services requested.
- Once the quote is accepted, and the Client Registration is completed, the parties will be invoiced.
- When the invoice is paid, and the Mediation Agreement is signed, then we will proceed with the consultations and thereafter the drafting of documentation.