Divorce Mediation

 

 

 

 

 

 

 

 

 

 

 

 

“It was the 14th of January, a bright Sunny day, I had asked my husband what he would like for breakfast” and he said, ‘A divorce.’

“And just in the blink of an eye he basically decided he had stopped loving me and didn’t want to be married anymore.”

“I was ruining my 6-year-old daughter’s life, I feel like such a failure.”

Can you relate to the above? Are you or a loved one, friend, colleague or relative in a similar position? Family Law touches most people at least once in their lives. When people reach adulthood, get married, have children and dissolve a marriage they should be aware of how their legal status changes.

The end of a marriage leaves spouses and their children faced by a storm of stressful events: new living arrangements, parenting schedules, and of course, decisions about property and money. The emotions caused by these changes can make it difficult for spouses to understand the legal process of divorce, and may even impair their ability to make sound decisions. Getting through a divorce may be easier if you’re informed about the process before it begins.

 

At Chiba Attorneys we are here to comfort you and guide you through every step of the way. We care about our community and people and explore Alternative Dispute Resolution in the form of Mediation.

You may wonder but why Mediation? Why aren’t we going to proceed to family court?

It is in our best interests that we:

  • Save you time
  • Save you from expenses of further litigation
  • Allow both spouses to be directly involved in reaching a settlement that is specifically tailored to their needs.
  • Reduce the burden on the court system
  • Increased control on the divorce process: Allows the parties to maintain control of the divorce settlement in terms of the process and the outcome.
  • Improved Communication: Promotes a collaborative decision-making process, which can benefit post-divorce interactions.
  • Decision making power remains with both spouses – Conflict is reduced by parties working together.
  • Both spouses mutually would like their differences to be resolved as soon as possible.
  • Both spouses agree that they can negotiate in a fair and equitable manner
  • If children are involved we can draft a parenting plan
  • The proceedings are conducted in private and you are in control of your own position – Emotional stress of divorce is minimized.

What gets discussed in mediation:

In our consultation with both parties being present we will discuss all matters pertaining to a divorce.

Main areas of interest are:

  • Maintenance
  • Division of Assets
  • Life insurance
  • Health insurance/ Medical Aid
  • Spousal Support: amount, method, time
  • Parenting plans (how each parent is going to exercise their respective responsibilities and rights in respect of minor children).
  • Pension plans
  • Educational expenses
  • Housing Expenses
  • Legal expense

Should there be any other additional problems that parties may be experiencing with regards to their divorce we will happily assist in resolving the matter.

Basically, mediation is more favoured as it provides a forum and an atmosphere in which parties gain understanding, become understood, and work together to explore options for resolution.

By resolving disputes in mediation, parties determine for themselves what is important and, ultimately the outcome of the situation.