Frequently Asked Questions

What is mediation?

 Mediation is a voluntary process attempt in alternative to lengthier, costly and primarily more emotionally draining court proceeding and litigation through attorneys.

 

Do we need attorneys to get divorced?

 No, it is not a requirement, divorce can be achieved through mediators. Mediation is also possible in presence of the legal representative of one or both parties.

 

What are the advantages of mediation?

Most importantly it is much more “child friendly”. It is faster and far more cost effective than litigation. In mediation your voice is heard and the process strives to find an amicable solution with an outcome that would satisfy both parties.

 

What is a parenting plan and when is it required?

 A parenting plan is a document that is drawn up by the mediator or attorney that is a legal requirement when a minor child is born from a relationship where the parents do not live together or have separated. It is an agreement that regulates the parental rights and responsibilities.

 

Are children part of the decision making process regarding their care and contact?

 Yes. The Children’s Act clearly states that the Voice of the Child needs to be heard loud and clear. Their wishes of the child are considered but they are not always the determining factor of the final decision.

 

At what age can a child decide by which parent to reside?

There is no definite age but is related to the emotional maturity and ability of a child to take such decisions. Given that both parents are able to care and cater for the child, such age is indicative at around the first year of High School (13-14)

 

How is child maintenance calculated?

 Pro rata to the salary according to affordability.

 

Do we need to be amicable to mediate?

 Not really. Mediation is used to stop wars, we are sure that is suitable for couples that are not on civil speaking terms. In every divorce and separation there are common grounds, fields where we begin building an agreement.

 

Do we have to attend joint sessions?

 No, agreements can be taken allowing the mediators to serve between the parties.

 

Is it mandatory to undertake mediation?

Yes, it is now a legal requirement that the parties, prior to approaching litigation in Divorce matter they attempt a process of mediation.

 

Are mediators neutral?

 As mediators our main job is to look after the children’s needs and best interest. In an independent and unbiased manner.

 

What is parental co-ordination?

 It is a process where mediators are appointed to facilitate communication between the parents, reconciliation of a relation of parents and children. As parental co-ordinators we strive to heal relationships that have affected children and parents during the process of separation and divorce.

 

What is the most effective way of parental regime? 

 Although many parents find shared Primary residence disruptive to rules and routines of the children, it has been proven with long term studies, to be the parental regime that leaves less trauma in the long run. Few factors are important such as age of children, relationship between children and parents and the effectiveness of the communication between parents.

 

 Which method is preferred to determine the Childs view?

 Surely “Voice Of The Child”. Developed by South African professionals, now exported all over the world. It is a non-invasive process, fun and friendly for children and effective in establishing their emotional state, risk factors and views.