Mediation, Voice of the Child Assessments, ​Counselling & Coaching Services.

d

divorce

clinic

WHY MEDIATION?

4. Flexibility and Avoidance of Technicalities:

Mediation allows for a flexible and informal process, promoting a more relaxed and open environment for discussions. Unlike court proceedings, ​which strictly adhere to legal formalities and rules of evidence, mediation allows for a more relaxed atmosphere, which encourages effective ​communication and problem-solving. This approach can bypass technicalities and rigid legal protocols, emphasizing finding practical and fair ​solutions.

5. Voluntary Participation

One of the fundamental aspects of mediation is its voluntary nature. It provides an opportunity for parties to engage in the process willingly. By ​entering into mediation, parties demonstrate their commitment to resolving the dispute amicably and are more likely to approach the process with ​open minds and a collaborative spirit. This voluntary participation contributes to the overall success and effectiveness of mediation.

6. Promotion of maintaining amicable relationships:

Mediation places a strong emphasis on the promotion of maintaining or restoring amicable relationships between parties. Unlike adversarial court ​proceedings, which can further strain relationships, mediation facilitates the possibility of open dialogue and understanding between parties. This ​can be particularly valuable when ongoing relationships need to be preserved or when parties want to find common ground for future interactions, ​especially when children are involved.

Rule 41A aims to encourage parties to consider mediation as a means of resolving disputes efficiently, cost-effectively and amicably. It emphasises ​the court's support for alternative dispute resolution methods and promotes the use of mediation to reduce court backlogs and foster timely ​resolution.

Although mediation is not compulsory between parties in litigation, parties should consider some of the positives mentioned relating to mediation. ​In circumstances where mediation should have been the preferred option but is outright disregarded by a party, there can be potential negative ​implications. The court has the discretion to consider a party's refusal to participate in mediation unfavourably.

By disregarding mediation without a valid reason, the party may not only risk an unfavorable outcome but also face disapproval from the court. This ​can have consequences in terms of how the court assesses the party's conduct throughout the litigation process. Furthermore, the court may have ​the authority to impose punitive cost orders on the party that disregards mediation.

In the case of Brownlee v Brownlee (2008/25274), Acting Judge Brassey delivered a judgement in the South Gauteng High Court. The judgement ​primarily emphasised two significant points. Firstly, it highlighted the obligation of divorcing parties involved in a dispute to make efforts to mediate ​before resorting to litigation and undergoing the time-consuming and costly process of a trial. Secondly, the judgement expressed dissatisfaction ​with the conduct of the respective attorneys by imposing a limit on their fees, as they had failed to advise their clients to consider mediation at an ​early stage. Additionally, the judge ruled that each party should bear their own costs, further conveying their disapproval of the parties' actions.

“How much richer would this solution have been had it emerged out of a consensus-seeking process rather than in adversarial proceedings in which positions ​were taken up that gave every appearance of callousness and cruelty. This is but an instance of what mediation might have achieved. In fact, the benefits go ​well beyond it. In the process of mediation, the parties would have had ample scope for an informed but informal debate on the levels of their estates, the ​amount of their incomes and the extent of their living costs. Nudged by a facilitative intermediary, I have little doubt that they would have been able to solve ​most of the monetary disputes that stood between them. The saving in time and legal costs would have been significant and, once a few breakthroughs had ​been made, I have every reason to believe that an overall solution would have been reached.”– (Brownlee v Brownlee August 2009: South Africa, South ​Gauteng High Court,)

Mediation offers hope for a better ending and a brighter future

d

c

divorce

clinic

d

c

divorce

clinic

Our Team's Mission: Empowering Relationships

Revitalise Reconnect or Restructure

We are a team of dedicated professionals who can help you reignite passion in your marriage or help you divorce with compassion, respect and dignity. We help you explore what divorce may look like. If you choose to reconnect, we will help you strengthen and revitalise your bond. If your choice is to restructure your family through divorce, we offer an alternative to the traditional divorce process. Our mediation process is quicker, less costly, and grants you increased control over making decisions that best serve your family's specific needs and circumstances.

Renew Rebuild and Rediscover

Post-divorce, we will continue to support you to

renew, rebuild, and rediscover yourself. Our team's mission is to empower you and your relationships, and we are here to help you every step of the way.

d

c

divorce

clinic

d

c

divorce

clinic

d

c

divorce

clinic

d

c

divorce clinic

Emmy Clark - Clinical Social Worker

m (Soc Sc) Clinical (CW) UJ

BA (SW) Unisa

sacssp reg no: 10-26365 Pcns reg no:0932086

Counselling for ​Individuals and ​families

60 min Counselling session online or in person: R800

Child Participation/Voice of the child interviews: R3500

This includes two sessions with the child, one week apart ​and one session with the parents. A written report and ​feedback is given.

https://thecounsellinghaven.co.za/

The 8 C’s of Mediation at The Divorce Clinic

• Constructive - A constructive environment where parties can focus on ​resoving issues without hostility.

• Collaborative - Parties participate as equal partners, fostering teamwork ​and compromise.
  

• Compassionate - We emphasise empathy and respect to ease conflict ​during this emotional time.
  

• Creative - Creative solutions are encouraged to meet the needs of your ​unique situation.
  

• Cost-effective - Far less costly than traditional divorce.
  

• Children - The best interests of the children are paramount.

• Communication - Open dialogue is actively encouraged. Improved ​communication reduces misunderstandings.

• Counselling - All our clients receive counselling to prepare them for the ​mediation process.
  

d

c

divorce

clinic

Disclaimer: The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The business and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).