Janine Myburgh

Which situations are suitable for mediation?

 

Mediation is appropriate for couples who have already decided to divorce, divorced couples who need to re-negotiate issues, couples who have lived together and/or have children together and families in conflict. Divorce mediation is an alternative, more affordable process to litigation in preparing couples for separation and/or divorce.

 

Divorcing/separating couples have to make decisions on matters regarding:

•  Care and residency of a child
•  Contact between parents and a child
•  Maintenance of a child or spouse
•  Division of Assets and Liabilities

 

What is mediation?
 
Mediation is a voluntary process of decision-making and negotiation between the couple facilitated by a neutral mediator. The role of the mediator is to encourage discussion and understanding, to equip people in conflict with interpersonal tools to negotiate more effectively and to provide the couple with information on legal and parenting issues to enable them to make informed decisions. 

 

How does it work?

 

Each session is an hour and should be attended by both parties. The mediation process can take from six to eight sessions and varies from couple to couple depending on the number of issues to mediate and their level of complexity.

 

What is the end result?

These decisions are recorded in a Memorandum of Understanding. The Memorandum is not legally binding until it is converted into an Agreement of Settlement.  It is always preferable for the Memorandum to be taken to a lawyer to ensure that the parties’ legal rights have been protected.