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What is divorce mediation?
Divorce mediation is defined as the process in which divorcing spouses try to negotiate an acceptable divorce agreement with the help of a neutral third party, the mediator.
The mediator helps the spouses to communicate and negotiate but doesn’t make any decisions for them.
The purpose of the divorce mediation process
The rules of the mediation process, according to the Magistrate’s Courts, are to facilitate the settlement of divorce cases through mediation.
Advantages of divorce mediation
Past experience has shown that mediation can offer a valuable approach to reduce the following in the litigation process:
- stress on the children in the family;
- parties to become estranged from each other; and
- arguments or disagreements.
Compliance with the Mediation workshop, presented by the Law Society of South Africa
Your attorney, Nico Snyman completed the Mediation workshop and complies with all the assessment requirements. These include following:
- The basic civil procedure
- Mediation in the South African context
- A study of the court-annexed mediation rules
- The mediation process principles, sages and methodology of mediation
- Role and function of the mediator
- Conflict management
- Essential skills in negotiation
- Adversarial processes
- Social-context and diversity awareness
- Taking control of the mediation process
- Dealing with people
- Communication and diplomacy
- Gaining an understanding of the problems
- Confidentiality, privacy and reporting obligations
- Neutrality and impartiality
- Drafting agreements at the end of the process
- Moving towards a solution that satisfies the needs of the parties
- Practical skills to conduct a mediation process.
Within these assessment requirements the following are discussed with the parties in detail:
- Statutes which make provision for mediation.
- The Children’s Act, parenting plans and mediation.
- Best interest of the child.
- Parental responsibilities and rights.
- The effect of divorce on adults and children.
- Information gathering prior to the first session.
- Parenting plan.
- Children’s participation in the mediation process.
- Preparing the parents.
- Financial implications of divorce, including:
- household budget;
- assets and liabilities;
- establish an inventory;
- the family home;
- household furniture and contents of the home;
- motor vehicles; and
- life insurance policies and Retirement funds.
- Domestic Violence.
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