Divorce Mediation Q & A
What is divorce mediation?
Divorce mediation is a structured process where a neutral mediator helps both spouses reach agreement on issues such as parenting plans, care and contact, maintenance, and division of assets. It is a practical alternative to lengthy court proceedings and focuses on respectful, constructive resolution.
What does a divorce mediator do?
A divorce mediator guides discussions between both parties, helps clarify issues, and assists in drafting agreements relating to parenting, maintenance, and asset division. The mediator does not take sides or make decisions for you.
How long does divorce mediation take?
This depends on the complexity of the issues, but many couples are able to reach agreement within a few sessions, far quicker than the traditional litigation process.
Why choose mediation instead of going straight to court?
Mediation is generally faster, more affordable, less stressful, and allows both parties to retain control over the outcome rather than leaving decisions to a judge.
Is divorce mediation legally recognised in South Africa?
Yes. Agreements reached through divorce mediation can be made an order of court during your divorce process in Johannesburg or anywhere in South Africa, making them legally binding and enforceable.
Can mediation help with parenting plans and care and contact?
Yes. Mediation is particularly effective for creating parenting plans and care and contact arrangements that prioritise the best interests of the child and reduce future conflict between parents.
Is mediation confidential?
Yes. Mediation is a confidential process. Discussions that take place during mediation cannot be used later in court, which encourages open and honest communication.
Is mediation only for divorce?
No. Mediation can also assist with post-divorce disputes, parenting plan adjustments, maintenance discussions, and other family matters.
Do I still need a lawyer if I use mediation?
You may consult a lawyer for independent legal advice, but the mediator remains neutral and does not represent either party. Mediation often reduces the amount of legal work required, which can save time and costs.
Is mediation suitable if we struggle to communicate?
Yes. One of the key roles of the mediator is to create a calm, structured environment where both parties can communicate more effectively and reach agreement without escalating conflict.
What happens after we reach agreement in mediation?
The mediator prepares a written agreement that can be provided to your attorneys to be included in your divorce documents and made an order of court.