What You Did Not Know About Divorce Mediation
When you think about divorce, you often think of endless arguments with lawyers and around boardroom tables, as well as fighting for child custody, and about money and personal belongings. There is another way to handle your divorce. More couples are turning to divorce mediation as a healthier alternative to avoid entering the divorce boxing ring.
Couples would meet with their appointed divorce mediator to set up all the terms of their divorce. This usually takes a few sessions and cost a lot less. Of course, not all divorce mediations are as “kum ba yah” as they sound, which is why we compiled a list of seven things you probably did not know about divorce mediation.
It Is Always Not Easy
A lot of spouses cannot stand being in the room with each other, never mind negotiation through their divorce. This is what makes mediation the ideal solution, so the mediator keeps your conversations productive and on track.
Spot the Good from The Bad
Mediators cannot give legal advice, but can give you legal information. But there are ways to determine a good mediator. Get someone who has a strong knowledge of South Africa’s divorce laws, and have a look at their references, qualifications, and past mediation cases they worked on.
It Is Not Therapy
Despite what you might have heard, mediators are not couple’s therapists. A mediator’s job is not to put back the missing pieces of your marriage, but to focus on helping you both come up with a plan forward that is fair and achievable when you are separated.
Assets Are Dealt with Similarly
Just like you would with a normal divorce, you would also sort through and divide assets during mediation. Experts, such as tax attorneys and financial advisers are called in to give advice on dividing your assets, so you can both make an informed decision.
The Courtroom Is Not the Only Option
As a parent, you would do anything in your power to make sure your kids are protected. Do not think that because you are willing to settle out of court, you are not fighting for your children in the highest court. In fact, you will save them a lot of worry and pain when you do not put them in the middle of a messy divorce court case.
Mediation Is Not Always Appropriate
If there is physical abuse, emotional abuse, or addictions involved, then mediation is not the appropriate form of divorce. In these cases, the last thing you might want to do is to be put in a room with the other person, so mediation will not be possible, and a traditional divorce might be your only choice.
You Are Not Losing Out
No divorce has a winner. It is a very painful and stressful process that you do not wish on anyone. Do not think that you are settling when you are choosing to mediate your divorce. In fact, you are choosing a less stressful, and possibly less painful, way to approach your divorce proceedings.
Riëtte Oosthuizen Attorneys has been specialising in divorce mediation for years, helping countless couples reach a civilised agreement during their divorce, so they can move on to the next chapter in their lives. Let us do the same for you. Contact us to make an appointment if you are looking for a specialised mediator for your divorce.