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Janine Myburgh is a trained mediator with
years of experience in the family law field.
There are generally two types of mediation:
“Family mediation” is defined as a process whereby
one or two impartial mediators assist a couple or family members
in their discussion with one another, in relation to any family
disputes that may exist between them, with a view to the resolution
of such issues on an informed, voluntary basis. And,
“Divorce mediations” is defined as a form of family
mediation which relates specifically to any and all matrimonial
issues, including separation and divorce matters, questions
concerning children, and issues relating to property and finance.
The understanding is that as a lawyer-mediator, the mediator
does not advise as a lawyer, and that mediation is not a substitute
for each participant obtaining independent legal advice when
necessary; and before any agreement is entered into both participants
will be advised to take their mediation summary to his or
her own independent lawyer.
There a number of benefits involved in choosing to go the
mediation rote. Divorce or separation usually involves a major
crisis for a family. Arrangements for children, housing, financial
and property matters all need to be decided upon. There may
be a lot of anger between the parties as well as great distress.
Divorcing and separating couples often want
to avoid contested court proceedings - which can escalate
hostility and be very prolonged and costly, both emotionally
and financially - but in the strained circumstances it is
often impossible for the couple to work things out on their
own.
To overcome this situation, trained
mediators work together with the couple, their role being
to reduce conflict by helping the couple to consider the issues
that need to be settled and the various options that may be
available to them to facilitate reaching agreement. They help
couples work towards financial settlements and focus on the
needs of the children, encouraging parental cooperation wherever
possible.
The mediation process if completely voluntary and all information
is completely confidential. Any agreement and/or discussions
which take place during mediation cannot be used as evidence
in court unless the joint consent of both parties has been
obtained. The mediation is able to be terminated at any stage
if any participant feels that mediation is inappropriate or
that no further progress can be made.
More information can be obtained by contacting our offices
on (021) 945 4960 or via email: admin@capetownattorney.co.za.
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