| |
It's a sad reality that many relationships don't work out. An inability to resolve problems effectively within the marriage often causes conflict situations and divorce is often the end result. Even after such conflict, it is possible to be amicably divorced.
Mediation offers an option for resolving issues in an objective, reasonable and responsible way.
It is important to remember that while a marriage may be dissolved, if there are children involved, the family setup will remain - even if it is different.
Ali Murray offers Divorce and Post Divorce Mediation and can assist couples in this process.
Please contact Ali Murray for more information.
The Benefits of Mediation:
- Children recover faster;
- Children do not become the casualties in the divorce process;
- Parenting plans give children a sense of security and oneness in both homes;
- Parents recover faster from divorce and are able to move forward with their lives in a positive and constructive way;
- Mediation bypasses the expensive litigation process of a divorce;
- Mediation opens up the channels of communication for parents after the divorce.
Post Divorce Mediation:
Post Divorce Mediation is an excellent method of resolving frustrating and complicated ex-spouse and new spouse setups. Mediators who are skilled in the art of dispute resolution can assist in situations where divorced couples have remarried. The chief benefit of using post divorce mediation is being able to avoid animosity, misunderstandings and a lack of communication through skilled facilitation and avoiding situations where children suffer unnecessarily.
FAQs about Mediation:
1. What is mediation?
Mediation is a voluntary process which involves both parties' participation and offers an alternative to litigation. Both parties attend the sessions together and the mediator(s) manages the process. Both parties are responsible for making all decisions in the mediation sessions and mediators provide information about their legal responsibilities and rights. This helps both parties reach agreements that are fair and reasonable.
2. Who are the mediators?
Mediators are usually from the counselling or legal field and have completed an accredited mediation training with a recognised organisation such as the South African Association of Mediators (SAAM). It is in the public's interest to choose a mediator who is appropriately trained and a member of an organisation such as SAAM. This means they are bound by an organisation's Code of Conduct and disciplinary procedures and are required to maintain their mediation skills by attending ongoing in-service training.
3. When can mediation be used?
Mediation is a creative and appropriate method for reaching agreement and resolving disputes. In the family law context, it is used by parties to negotiate their divorce agreement, to mediate issues that arise post-divorce (e.g. choice of school, revisit maintenance and contact, etc.) and for couples who have never married, but need to reach agreement around matters involving children and / or property and financial issues. Family mediation would also be appropriate in more unusual situations. Examples include issues between siblings related to the financial support of parents, mediation between a parent and a child who has reached majority (18 years) to work out maintenance, etc.
4. Why appoint a post-divorce facilitator?
It is cheaper and quicker than litigation, provides an option of agreement between parties and supports the shared co-operative parenting model.
5. How has it helped today's modern family?
The Children's Act, mediation and post divorce mediation have helped divorced parents in South Africa achieve a shared approach to co-operative parenting. The co-operative parenting approach is assumed to best meet children's needs through the establishment of parental responsibilities and the preservation of meaningful, active and ongoing parent-child relationships. It also helps support changes in parenting agreements through changing circumstances and the child's changing developmental needs. Flexibility and reasonable communication helps separate previous marital conflicts from matters concerning the children.
|
|
|
