The Role of Mediation in the Divorce Process in South Africa

The divorce process can be overwhelming, complicated, and emotionally draining. To make matters worse, the legal system can often be slow and costly too. However, couples who choose to opt for mediation as part of their divorce may find it a more efficient and cost-effective way of coming to an agreement.

We look at how mediation works in South Africa and its role in the divorce process.

What Is Mediation?

Mediation is a confidential process in which an impartial third party (the mediator) facilitates negotiations between the two parties to assist them in reaching a mutually acceptable agreement.

The goal of mediation is to find a resolution to a dispute that is acceptable to all parties involved, without the need for formal legal proceedings.

How Does Mediation Work in the Divorce Process?

The mediation process is confidential, which means that anything said during mediation cannot be used as evidence in court. This confidentiality allows the parties to feel free to discuss all issues related to their divorce, without fear that what they say will be used against them later.

The role of the mediator is to facilitate effective communication between both parties and explore all options for resolving their differences. The mediator will also provide information about the legal process and other resources that may be available to support the parties in resolving their dispute.

The Advantages of Mediation

Divorce mediation can be an effective way to reach a settlement that is fair to both parties and saves on the costs, time, and emotional stress associated with litigation. It allows the parties to maintain control over the outcome of their divorce, rather than leaving it up to a judge to decide.

• Mediation can help to make sure that both spouses are able to express their needs and wants, and that these are taken into account when reaching an agreement on the terms of the divorce.
• It is particularly helpful when children are involved, as it can aid in ensuring that they are able to maintain a good relationship with both parties after the divorce. In fact, mediation is encouraged by the Children’s Act 38 of 2005.
• Mediation can also encourage a resolution regarding any financial disputes between the parties, which can often be one of the most contentious aspects of a divorce.

Let Our Attorneys Assist You During Your Divorce Process

If you need mediation for your divorce, the expert attorneys at Riëtte Oosthuizen Attorneys are here to assist. We handle even the most complex divorce cases and have over two decades of experience. Contact us to schedule an appointment.