AlternativeDivorce.co.za

Mediation is a form of Alternative Dispute Resolution whereby a neutral, legally qualified & accredited third party intervenes to negotiate a legally binding out-of-court settlement.

 

The Mediator does not choose sides or represent either one of the Parties.  The process is confidential and Without Prejudice of Rights.

 

What this means is that by participating in mediation you are not giving up any of your rights, nor are you putting yourself at any kind of legal risk.

In most types of cases in Family Law the legislator requires or encourages parties to seek the help of a mediator (e.g. Divorces as with the case of Brownlee v Brownlee or where parents' rights to contact are disputed as with Section 33 of the Children's Act).

 

Should a settlement be reached (as we do in 93% of all cases), the settlement itself can be made an order of Court.  If no settlement is reached, the parties resume litigation.  No offers, counter-offers or information shared can be disclosed in Court.

The process is notably more efficient than litigation - typically cases are resolved within 2h-4h of consultation.  This efficiency means that the entire process takes only a couple of days, and the savings in financial and emotional terms are unparalleled.

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