Types of Mediation

The mediation includes disputes relating to all personal relationships between parties, including with reference to:

• a marriage (civil and/or religious);

• a Customary Union; and

• a Partnership Agreement governing a personal relationship;

• parties cohabiting

Which Situations Are Suited To Mediation?

• Any situation where the parties need to have a relationship in the future.

• Situations where children are involved.

• Situations where people have difficulty settling differences between themselves.

• Situations where big decisions are required in a relatively short period of time.

Advantages Of Mediation

• It is voluntary

• Joint decisions are made on issues relating to;

  • the children;

  • custody and access;

  • finances;

• Expensive litigation is avoided

• The emotional stress of divorce is minimized

• Conflict is reduced by parties working together

Mediation is a process where people appoint a third party to help them resolve disputes between themselves: Mediation is not a court hearing. The mediator is not a judge. Mediation is not counselling or therapy.

The Mediator does not choose sides or represent either one of the Parties.  The process is confidential and Without Prejudice of Rights.

What this means is that by participating in mediation you are not giving up any of your rights, nor are you putting yourself at any kind of legal risk.

In most types of cases in Family Law the legislator requires or encourages parties to seek the help of a mediator (e.g. Divorces as with the case of Brownlee v Brownlee or where parents' rights to contact are disputed as with Section 33 of the Children's Act).

Should a settlement be reached (as we do in 93% of all cases), the settlement itself can be made an order of Court.  If no settlement is reached, the parties resume litigation.  No offers, counter-offers or information shared can be disclosed in Court.

The process is notably more efficient than litigation - typically cases are resolved within 2h-4h of consultation.  This efficiency means that the entire process takes only a couple of days, and the savings in financial and emotional terms are unparalleled.

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