What exactly is family mediation?
If you are looking up family mediation, odds are there are some issues within your family unit that need to be addressed. Or you may have a friend or family member that is in a difficult situation with their spouse or partner, and need help to get it resolved. This is when family mediation is a good option. However, even though this process is widespread and frequently used throughout South Africa, there are many people who don't quite know what it means and how it works. So, today we'll give you a clear and concise breakdown of how family mediation works in the South African context.
The definition of family mediation
In essence, family mediation is a process that offers a family who are in conflict the option to settle their disputes outside of the legal system in an efficient, and cost-effective way. This option is open to parties who stand in a relationship with one another, and wish to take care of their problems in a way that does not get any costly lawyers involved or add stress by going straight to the courts. It is also often referred to as ADR, or 'alternative dispute resolution'. Another benefit of this route is that it is more informal, which makes it a less stressful option, especially if there are children or minors involved.
What does a mediator do?
A mediator is normally a family attorney, psychologist, or social worker. This is a completely neutral, third-party facilitator who does not have any vested interest in how a given matter is resolved, and is tasked to take an impartial, holistic view with regard to a given set of circumstances. The mediator sits in on sessions with all the parties involved, and facilitates their discussion in order to keep communication from breaking down due to emotional outbursts or deadlocks. They guide the conversation, ask questions, and guide the discussion back to the matter at hand if it veers off course.
Are there lawyers involved in family mediation?
No, not at the start of the family mediation process. Although certain mediators are trained family lawyers, they will not be a part of the proceedings in their capacity as a lawyer in this case. If and when deemed necessary, lawyers can however be included in the mediation sessions at extra cost to the client.
How can I find out more about family mediation in South Africa?
Now you know! If you would like to find out more about family mediation, and how it could be of benefit to you, please feel free to reach out to a Libertine Consultants representative. We are here to ensure that you have all the information you need to pave the way for respectful conflict resolution. Need legal advice? We can assist with that too! Submit your legal inquiry to us via email advisors@libertineconsultants.co.za and we will provide you with sound insights on the best way forward. In the meantime, keep an eye on our YouTube channel to get more practical advice on managing your finances in a way that allows you and your family to thrive despite current economic challenges
