Divorce F.A.Q.

    Divorce F.A.Q. > Type > Mediation

During the process of mediation, are the parties entitled to professional or non-professional representation?

2018-01-22

Location: South Africa

The short answer is yes. As long as the mediator and both parties are all in agreement to have representation present. It is also sometimes required and effective to have a social worker or psychologist present, depending on the matter at hand. One way to think about family matters : it is only about the children's best interest. The parents are not criminals attempting to get away with a crime - why would legal representation be required? Let your professionally accredited mediator guide you and the process.

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Is a mediation agreement enforceable if the lawyer didn't sign it?

2017-07-11

Location: South Africa

All agreements reached during the mediation process is only enforceable once both parties agree to, and sign the agreement, or if the agreement is made an order of court.

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What Does A Mediator Do?

2017-07-11

Location: South Africa

Mediators are trained and experienced in dispute resolution. They are neutral and assist the parties explore the problem, and find new options to resolve the dispute. The mediator does not judge who is right or wrong and does not give legal advice.

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Does the mediator have the right to change the court order?

2017-05-31

Location: South Africa

The mediator does not make decisions, only assists the two of you in reaching an agreement. If you don't agree, no changes are made. Your ex cannot make changes on his own.

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What are the benefits of using mediation?

2017-05-10

Location: South Africa

Mediation offers a confidential environment where you stay in control. Mediation is extremely cost- and time-effective and saves both the children and parents from unnecessary stress.

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Are mediation papers considered public record?

2016-06-15

Location: South Africa

No. However, a portion of the divorce records are.

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Can we continue mediation without our lawyers being present?

2015-08-02

Location: South Africa

Yes definitely. In fact, it is unusual to go to a mediator with your attorneys.

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Disclaimer

The above answers are supplied by accredited family mediators with input from our legal counsel. The contents of this page are not published as legal fact as every case is different. You are welcome to book a support request and to share details after which we will be in a better position to assist you.