Author: Avalene Bateman
Divorce mediation is a process where a mediator facilitates the exchange between the parties and assists them in finding areas of agreement. The aim is to achieve results that are mutually agreed upon, and in the best interests of the parties and the children. Issues largely discussed in mediation are children, home, distribution of assets, maintenance and the divorce itself. The mediator facilitates discourse around these issues, leading to the parties negotiating a settlement.
We believe that many disputes and conflicts arise from unprocessed emotion, and that an active focus on these unresolved emotions, at the outset of the mediation, is necessary and healing for both parties. Our aim is to uncover destructive emotions before the actual mediation begins, hopefully leading to understanding and compassion between the parties, and a return to mutual respect. Divorce is a painful process for all involved, and as such we seek to aid the parties during this traumatic journey, to act in integrity and resolve to part as amicably as possible.
On completion of the mediation, we draft a Memorandum of Understanding, documenting all agreements reached during the mediation. This may or may not include a Parenting Plan. This MoU is then taken by the parties to an attorney of their choice to be made a legal document for court purposes.
Contested divorces can cost hundreds of thousands of rands in fees and disbursements, and can take years before a settlement is reached. These divorces are most often extremely acrimonious, and leave both parties traumatized and wounded psychologically and financially. Our mediated process seeks a fair and equitable resolution, and attends to the parties’ psychological well-being as well as assisting settlement negotiations.
Do you need Professional Mediation with your Parenting Plan? Contact Bateman Macmillan Professional Mediators to facilitate your process. With years of experience we can facilitate amicable resolutions to disputes.