Mediation in Divorce matters:

Many married couples prefer to mediate their own divorce agreements.This is not only much more cost effective and faster than the normal legal route of exchanging court documents and correspondence, but both parties actively controll the furtherance of their own divorce proceedings. The role of the mediator is then to protect both parties’ interests and act as impartial “calming factor ” or " voice of reason" in the process, whilst explaining the legal position to the parties and making sugggestions.

Mediation as an alternative to litigation has shown itself to be cheaper and faster, as the contentious issues are generally resolved quicker than following the usual legal route. It cancels the need for lengthy consultations and copious amounts of correspondence and the actual issues in dispute are narrowed down quite quickly. Costs are curbed as well.

Once an agreement has been reached and it has been signed by both parties, the divorce can proceed on an uncontested basis.  One party will have to testify in Court and act as Plaintiff.  That party will then purely inform the Court of the reasons for the breakdown in the marriage and the fact that the matter has been settled. Court time is therefore minimal.

Studies has also shown that parents who are actively involved in mediating their own divorces, have healthier relationships with one another after the divorce has been finalised and can also communicate much more efficiently regarding the children after their marriage to one another has been dissolved. Annali Erasmus is a registered, qualified and accredited divorce mediator.

Mediation as a method of resolving issues in especially Family Law matters can only work if the parties can communicate.  If there is no communication and total mistrust in a matter, mediation could be problematic. Certain issues in a divorce can also be mediated - for example access to children, maintenance payable, etc and most Deed of Settlements now make provision for issues that come up after date of divorce, to be mediated.

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