The Divorce Mediation Process in South Africa: What You Need to Know

2. How Does Divorce Mediation Work?

The divorce mediation process typically follows these steps:

• Step 1: Choosing a Mediator Both parties agree on a mediator, who is typically an experienced lawyer or professional mediator with training in divorce matters. Mediators in South Africa must be impartial and should be experienced in family law to help navigate the complexities of divorce.
• Step 2: The First Mediation Session At the first session, the mediator will explain the process, set the ground rules for respectful communication, and outline the goals of the mediation. The mediator will give each spouse an opportunity to share their perspective and concerns. This session usually focuses on building trust and understanding between the parties.
• Step 3: Identifying Issues The mediator helps both spouses identify the key issues that need to be resolved. These may include:
  • Division of assets and liabilities
  • Child custody and visitation arrangements
  • Child and spousal maintenance
  • Retirement fund and pension division
• Step 4: Negotiating Agreements After identifying the issues, the mediator will facilitate discussions between the spouses, helping them explore potential solutions. The goal is to reach a mutually acceptable agreement on each issue. If the spouses disagree, the mediator may suggest options for compromise.
• Step 5: Drafting the Agreement Once the parties reach an agreement, the mediator helps them put it into writing. The agreement is typically drafted as a legally binding document, known as a “divorce settlement agreement.” This document will be submitted to the court for approval.
• Step 6: Court Approval The mediated agreement is then presented to a family court for review. If the court is satisfied that the agreement is fair and in the best interests of any children involved, it will approve the settlement. Once approved, the divorce is finalized.