We provide Alternative Dispute Resolution Services

Definition
• Divorce and separation mediation is a voluntary Alternative Dispute Resolution process whereby the mediator will facilitate the mediation and guide the parties to identify the issues and set up the agenda points that needs to be resolved and settled.
• The agenda points will be prioritized and the Mediator will guide the process to reach
mutual settlement agreements.
• General Agenda Points:

• • Parenting Plans
  • Child Maintenance
  • Spousal Maintenance
  • Contact and Care,
  • Estate/Asset Division
  • Settlement Draft
  • Other

The agenda points are not limited to the general points mentioned above, this is where mediation is unique as anything can be discussed and resolved.

Parenting Plans
• A parenting plan is essentially a roadmap directing how children will be raised after separation or divorce. As a co-parenting solution, it is a written agreement drafted by the Mediator with the input of both parents.
• The content of the Parenting Plan is unique and consists of anything the parents feel necessary for the parenting plan.
• The following are examples of general content that will reflect in Parenting Plans (But not limited to the points mentioned below), where the arrangement thereof stays unique to each plan:

• Personal Information of Parents and Children.
• Contact and Care (Primary or Shared Residency, Visitation Arrangements, etc).
• Special Days (Mother’s & Father’s Day, Parent’s Birthdays, Children’s Birthdays, etc).
• Special Holidays (Include but not limited to Christmas, New Years, Easter, Other Religious Holidays, etc).
• Maintenance.
• Children’s Rights and Protection.
• Health and Emotional Wellbeing.
• Medical Information.
• Education.
• Family and Extended Family.
• Death of Parents (Guardianship).
• Other.

Contact and Care
• Contact and care is not limited to the general understanding of arrangements such as:

• In the past one parent will have Primary Residency where the child spends the majority of the time, and the other parent will only see the children every second weekend.
• Shared Residency where children will spend one week with one parent and the other week with the other parent.

Mediated Contact and Care discussions between the parents will have a unique outcome that is best suited for the parents and the children based on maturity, age and emotional capability. 

The maturity, age and emotional capability of the children will be determined through child participation, also known as the Voice of the Child. The children’s act is very clear that the children’s point of views needs to be heard. The children will attend sessions by a trained and professional Practitioner. The feedback from the Practitioner is crucial to the process. Up to a certain age children don’t have the right to decide what they want, but this will equip and guide the parents to determine the best Contact and Care Plan for all parties.

Child Maintenance Agreements
• Mediators are trained to calculate Child Maintenance and they follow the same calculation the maintenance court make use of.
• Mediation gives the parties the opportunity to agree on a unique Child Maintenance solution that is best for the children and the parties financial capacity, the final agreement might differ from what the maintenance court calculation would have been.
• Contact and Care arrangements will have a direct influence on the Maintenance Agreement.

Parental Rights and Responsibility Agreements
• The Mother of a child, or a person who has parental responsibilities and rights in respect of the child, may enter into an agreement with any other person (Biological Father or Grandparents) that has an interest in the care, well-being and development of the child.

• According to section 21 of the Children’s Act, for unmarried parties, the biological father is determined through the following:
• The Father was present at birth and/or;
• The Father’s surname or signature is on the birth certificate and/or;
• The Father has contributed maintenance and/or;
• The Father has an informal contact and care plan in place
• The Biological Father or Grandparents will have:
• The right to be part of taking care of the child;
• The right to maintain contact with the child;
• The right to act as the guardian of the child; and
• The responsibility to contribute towards the maintenance of the child.

Spousal Maintenance:
• Spousal Maintenance is not as straight forward as Child Maintenance, there are some informal rules that can be used as a guideline to determine if the Spouse qualifies for Spousal Maintenance.
• Some Informal Rules as Guidelines:

• Age of the Spouse
• The Spouse stayed at home with no income to be the caretaker of the house and/or the children for many years.
• The months/years and amount to be paid to the Spouse will be discussed through mediation to come to a mutual agreement. 

Finalise Estate/Asset Division
• The Mediator will guide the process and assist the parties with the calculations of their assets and liabilities.
• The mediation process enables the parties to arrive at a unique settlement agreement of their assets and liabilities. The parties will agree on a settlement amount that is fair and acceptable for the one party and fair and possible for the paying party.

Memorandum of Understanding (Settlement Agreement Draft) and Final Settlement Agreement
• The Mediator compiles a Memorandum of Understanding using the unique agreed solutions from the parties. The signed Memorandum of Understanding serves as a contract and no changes can take place once the document is handed over to the attorney’s office.

Divorce Procedure
• The Attorney’s office will explain the divorce procedure to the parties and finalise the divorce through court.
• The Attorney will compile the Final Settlement Agreement in legal terms, using the content in the Memorandum of Understanding. The Attorney cannot change the content used in the Memorandum of Understanding.
• The following documents must be attached to the Final Divorce Settlement Agreement:

• Marriage Certificate
• Prenuptial Contract
• ID Documents of all Parties
• Birth Certificates of Children
• Latest Water and Lights Invoice for each Partee’s Residential Address
• A Parenting Plan where Children are Involved and a Form 8 and 10.
• Child Participation Feedback where Children are Involved (Verbal are sufficient in most cases).

• In litigation, companies bear the judicial uncertainties, including those in terms of substance and timing. This may even lead to arbitration.
• In mediation, companies can control the entire mediation process (time schedules, type of information transmitted, meetings, solutions adopted, etc).

• Property disputes,
• Care for aged parents,
• Estate planning such as inheritance issues without wills,
• Other.