Mediation

Tammy did her training as a Divorce and Family Mediator through The Mediation Company in Durban.

Divorce and Family Mediation
  • Mediation involves a third party being appointed to help divorcing parties to communicate about what will happen with the children after a divorce
  • It is a voluntary process to which both parties agree .
  • Mediation is mandated before resorting to taking a dispute to court to be settled.
  • In mediation, both parties make decisions about the care of your child and how each parent’s contact with and maintenance of the child will be structured.
  • Mediation leads to a parenting plan as a proposed way of ensuring that the best interests of your child are considered and met.
  • In mediation both parties are responsible for making decisions and proposals are reached together with the facilitation of the mediator.
  • Mediation is confidential and without prejudice.

Mediation and the Children's Act
  • Sections 18 to 23 of the Act refer to parental responsibilities and rights, which include the care for, contact with and maintenance of children by their parents.
  • Section 33 of the Act requires that any disputes about parents’ responsibilities and rights should be attempted to e resolved first in mediation before resorting to going to court to resolve the,
  • The cost of mediation. Mediation is considered a legal process and cannot be claimed against from medical aid. The cost is divided equally between the parties.
  • The number of sessions needed for mediation is Usually a minimum of 4 and up to 8 sessions , depending on the particulars of the dispute. This will be discussed when you appoint the mediator and sign an agreement to mediate.