What is mediation?

What is Mediation? A Complete Guide

Mediation is an out-of-court dispute resolution process where a neutral third party—the mediator—facilitates constructive discussion and helps parties reach a voluntary, amicable settlement. In family and divorce matters, mediation can save time, reduce conflict, and provide tailored solutions for parenting plans, asset division, and maintenance agreements.

Why Choose Family and Divorce Mediation?

• Cost-effective: Typically less expensive than litigation.
• Confidential: Discussions are private and cannot be used in court.
• Controlled Environment: Parties maintain control over outcomes.
• Child-centred: Focus on sustainable parenting plans and minimising stress.
• Faster Resolution: Avoid lengthy court schedules.

Did you know? Mediation has a success rate of over 75% in resolving family disputes amicably.

The Mediation Process: Step by Step

1. Initial Inquiry: Contact our team to discuss your situation and fees (R 2 750 per 1½‑hour session).
2. Agreement to Mediate: Sign a mediation agreement outlining confidentiality and fees.
3. Information Gathering: Exchange documents and preferences before sessions.
4. Mediation Sessions: Guided discussions to explore concerns, priorities, and possible solutions.
5. Drafting the Agreement: Once terms are agreed, the mediator drafts a Parenting Plan or settlement agreement.
6. Legal Finalisation: Parties submit the plan to their attorneys or court for legal endorsement.

Key Areas Covered in Mediation

• Parenting Plans & Child Custody (Care and Contact)
• Parental Responsibilities & Rights
• Asset & Debt Division
• Maintenance Arrangements
• Domestic Violence & Harassment Cases
• Same-Sex Marriages & Unmarried Fathers’ Rights
• International Child Abduction (Hague Convention)

Frequently Asked Questions

1. How long does mediation take?

Most family mediations conclude within 3–5 sessions (1½ hours each), depending on complexity.

2. Is mediation legally binding?

The mediated agreement becomes legally binding once converted into a court order or consent paper by your attorneys.

3. What if we can’t agree on everything?

Parties may resolve some issues via mediation and proceed to court for outstanding matters.

Contact Our Accredited Mediators

For professional mediation services, reach out today and take the first step toward an amicable resolution.

Published by Maurice Phillips Wisenberg, leaders in Family and Divorce Law Mediation