Thinking about divorce? Choose the mediation route

17-Mediasie 1
THABAZIMBI – Thabazimbi has its own mediator to help with the divorce process. But first why use mediation when divorcing?
It is a process where a neutral and skilled mediator assists families who are in conflict to work out arrangements for themselves and their children. Mediation helps parties to examine ideas and opinions in a neutral safe environment where they are both free to express their opinions.
What is litigation?
Litigation is the process of taking a dispute to a court of law. This process is complicated and formal involving a series of technical steps in terms of prescribed rules of the court. The parties are depended on the experience of their legal representative and the court interpretation of the facts of their case and the law therefore placing the outcome of the case in die hand of other persons.
Why mediation is a better option?
* It is a voluntary process for the parties as they can leave the mediation at any time
* In mediation confidentiality is respected.
* The mediation is neutral and impartial.
* The mediator does not offer legal advice.
Advantages of mediation
* Its voluntary
* Joint decisions are made and issues relating the expense litigation are affordable.
* Emotional situation of divorce is minimized.
* Conflict is reduced by parties working together.
Which situations are suited to mediation?
* Any situation where the parties need to have a relationship in the future.
* Situations where children are involved.
* Situations when people have difficulty settling differences between themselves.
* Situations where by decisions are required in a relatively short period of time
What gets discussed in mediation?
* All matters pertaining to divorce e.g. Division of assets, maintenance, and parenting plans (how each parent going to exercise their respective responsibilities and rights in respect of minor children).
* Any other problems the parties may be having regarding divorce may also be discussed and resolved.
Mediation process
* 3 – 5 sessions that differs from 60 – 120 minutes.
* Mediation is 75% less expensive that litigation.
* Parenting Plans are drafted where minor children are involved and in case of a divorce this is an annexure to the settlement agreement.
Why mediation over litigation
* Cost less
* Control over decisions.
* Neutral perspective
* Less stress
* More enduring agreements
* Most cases settle
* Experienced family mediators part of process

Do you have any enquiries about mediation or if you need mediation to solve your related problems just contact Esme Behrens at diefamiliemediator@gmail.co.za