Mediation
Why Mediation?
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 counseling or therapy.
Mediation is a well-established form of dispute resolution and is frequently chosen by couples to resolve as many if not all of their disputes prior to obtaining their divorce. It is effective in terms of both time and money, and allows parties to be directly involved in reaching a settlement that is specifically tailored to their needs. However, mediation requires that both parties want to resolve their differences without resorting to litigation. Mediation can be entered into regardless of whether or not there are.
Which Situation Are Suited To Mediation
Any situation where the parties need to have a relationship in the future.
Situations where people have difficulty settling differences between themselves.
Situations where big decisions are required in a relatively short period of time.
Advantage Of Mediation
- It is voluntary
- Expensive litigation is avoided
- Joint decisions are made
- Conflict is reduced by parties working together
The Mediation Process
The mediation process takes between 3 & 5 sessions of 1/30MIN minutes each. Where the couple were unwed, Parenting Plans are drafted on their own.If If they require a Settlement Agreement, this is also prepared.
1
At the end of the mediation process I will provide the parties with a Settlement Agreement. This document details all the points of agreement reached during the mediation process
2
Parenting Plans are drafted where there are minor children involved. In the case of divorce this is an annexure to the Settlement Agreement.
POST DIVORCE AND FAMILY MEDIATION SERVICES OFFERED
Rev.Dr Meshack Van wyk is proudly an accredited Mediator with The South African Association of Mediators (SAAM).
Mediation Fees
Registration fee of R670 when you submit the family referral form to HFDR. Then we ask parties to share the cost of the 2 hour session of R1350 per hour (therefore R950.00 per party for the two hours). In 80 % of our cases settle after one or two meetings, 10% require a third session. Then we draft the relevant documentation. This can vary between R500 and R2950 (Shared 50/50). A Simple one is R1800.00
Registration Fee : R670
2 Sessions – 4 hours : R4800
Divorce Settlement : R2950
Total Cost : R8420
Each party pay 50% – R4210
Only other costs to consider is should you appoint an attorney to assist with making this agreement an order of court.
Registration fees, mediation Sessions, Drafting of anyone of the undermentioned Agreements
Drafting of Settlement Agreement in a Divorce Matter
R 2950
Drafting of Maintenance Agreement
R2500
Drafting of Parenting Plan
R 2950
MOU-(Memorandum of Agreement)
R2350
Divorce-Mediation (Parenting Issues)
R1350/Per hour
Mediation Rules
Amendment of Rules Regulating the Conduct of the Proceedings of Magistrates’ Courts in South Africa (Regulation Gazette No. 10151 of 18 March 2014). Please see an excerpt from the Rules below:
“Rule 84”. “Fees of Mediators”
Participating parties in mediation are liable for the fees of the mediator, except where the services of the mediator are provided free of charge.
Liability for the fees of the mediator must be born equally between opposing parties participating in mediation. Provided that any party may offer or undertake to pay in full the fees of the mediator.