Frequently asked questions

Mediation is a process that involves a neutral third party (the mediator) helping parties in a dispute to reach a mutually acceptable resolution. Some advantages of mediation include: Cost-effective: Mediation is less expensive than going to court because it typically involves fewer procedural steps and less time is required. Time-saving: Mediation is generally faster than going to court, and can often be scheduled within a few weeks of initiating the process.​ Confidentiality: Mediation is a private process, and discussions that take place during mediation are confidential, which can help parties feel more comfortable and open about sharing their thoughts and feelings. Voluntary: Mediation is a voluntary process, which means that parties can choose to end the process at any time if they feel that it is not working for them. Empowerment: Mediation empowers parties to make their own decisions rather than leaving the decision-making to a judge or arbitrator. Flexibility: Mediation offers parties more flexibility than a court process because parties can create their own solutions to their dispute that fit their unique needs and interests. Better outcomes: Mediation often leads to better outcomes because it allows parties to collaborate and work together to find solutions that work for everyone involved. Maintains relationships: Mediation is less adversarial than litigation and can help preserve relationships between parties, which can be particularly important in disputes that involve ongoing relationships. ​ Overall, mediation can be a cost-effective, efficient, and effective way to resolve disputes, while also preserving relationships and empowering parties to make their own decisions.

In South Africa, both mediation and litigation are common methods for resolving disputes. Here are some key differences between the two: Mediation is a voluntary process where a neutral third-party mediator facilitates a discussion between the parties in dispute in order to help them reach a mutually agreeable resolution. Litigation, on the other hand, is a formal legal process where a judge or magistrate makes a ruling based on evidence and arguments presented by each side. ​ Mediation is generally less formal and less expensive than litigation. The parties have more control over the outcome and the process can be tailored to meet their needs. Litigation can be lengthy, complex, and expensive. ​ Mediation is confidential and the details of the discussions cannot be used in court. Litigation, on the other hand, is a matter of public record and the details of the case can be accessed by anyone. ​ Mediation can be used in a wide range of disputes, from family law to commercial disputes. Litigation is typically reserved for more complex or high-stakes cases. ​ Mediation can be a more amicable process, as the parties are encouraged to work together to find a solution that meets everyone's needs. Litigation can be adversarial, with each side trying to prove their case and win. ​ Overall, whether to choose mediation or litigation depends on the specific circumstances of the dispute. Mediation is often preferred for its flexibility, lower cost, and more collaborative approach, while litigation may be necessary for more complex or high-stakes cases where legal precedent is important.

Mediation offers an alternative to resolving divorce-related issues outside of the courtroom. Unlike litigation, which involves formal legal proceedings, mediation is a collaborative and voluntary process. It allows couples to maintain control over decision-making and encourages cooperation and communication, leading to more amicable and customized outcomes. Mediation can also be more cost-effective, efficient, and less adversarial than going to court.

Yes, mediation can be particularly beneficial for couples who struggle with effective communication. The mediator acts as a neutral facilitator, guiding and assisting you in finding constructive ways to communicate and resolve conflicts. Through the mediator's guidance, you'll have the opportunity to express your concerns and needs in a supportive environment, fostering better communication and helping you work towards mutually acceptable solutions.

Yes, mediation can be effective even in high-conflict divorces. While it may initially seem challenging, the mediator's role is to help manage and reduce conflict by providing a structured and neutral environment. They can assist in defusing tension, promoting respectful dialogue, and focusing on problem-solving. Mediation allows both parties to have a voice and work towards resolving their disputes without the need for a courtroom battle.

Family and divorce mediation can address various issues, including but not limited to: Division of assets and debts Child care, contact and access Child maintenance Spousal maintenance Parenting plans and decision-making Any other concerns or specific issues important to the couple

The duration of mediation depends on the complexity of the issues involved, the level of conflict, and the ability of both parties to reach agreements. On average, the mediation process can take several sessions, typically ranging from a few weeks to a few months. The mediator will work at a pace that suits the couple's needs and ensures thorough discussions and thoughtful decision-making. 80 % of our matters settle after one or two meetings of 2 hours each, and 10% require a third session.

Yes, you have the option to involve attorneys during the mediation process. While attorneys are not required, they can provide valuable legal advice and support. Some couples choose to have their attorneys present during the mediation sessions to provide guidance and help review the proposed agreements. The mediator can work collaboratively with the attorneys to facilitate the process and ensure the couple's interests are adequately represented.

f you are unable to reach a complete agreement through mediation, the unresolved issues may need to be addressed through other methods, such as litigation. However, it's important to note that even when couples cannot resolve all their disputes in mediation, they often still make significant progress in narrowing down their differences and gaining a better understanding of each other's perspectives.