AREAS OF PRACTICE

      Areas of Practice

      Areas of Practice

  Divorce and family mediation

   Divorce and family mediation
the family-friendly way of going through a divorce or sorting out 
                   other family disputes

   the family-friendly way of going through a divorce or sorting out other family disputes

   Divorce and family mediation 
   the family-friendly way of dealing with parenting disputes
It is generally accepted that the traditional adversarial system of litigation, which works well in most other fields of our law, is not well
 suited to resolving divorce-related issues or other family disputes.

If you want a divorce process which does not leave you and your spouse at loggerheads, which gives you control over the consequences of your divorce and which caters for the best interests of both parties and any children involved, you need to opt for mediation.

Divorce mediation is a process in which the mediator, who is an impartial third party and has no decision-making powers, facilitates negotiations between disputing parties with the object of getting them back on speaking terms and helping them to reach a mutually satisfactory settlement
 agreement that recognises the needs and rights of all family members. 

Mediation could address certain issues separately, such as children’s issues or property and financial issues. Alternatively, it could cover
 all the issues that need to be resolved.

In the process each party is given the opportunity to explain what the issues are. Once all relevant information has been collected and disclosed openly and honestly, interest-based negotiations – as opposed to positional bargaining – are facilitated between the parties. Right at the outset it is also customary to get parties to agree on a cut-off date for the determination of the extent of their estates or the joint estate so that patrimonial
 claims can be ascertained and quantified.

Mediation is a private and confidential process which takes place within the framework of the law. It is also voluntary
 process from which the parties may withdraw at any time. 

Mediation has many advantages. It has proved to be cost and time effective, to deal creatively with the widely differing interests of the parties because of its flexibility and informality, and to improve communication between parties, preserve their relationship with each other, and strengthen their problem-solving abilities. In addition, mediation has high success and satisfaction rates because it relies on participant-driven resolution.

 Parenting coordination 

Parenting  co ordination
   the family-friendly way of dealing with parenting disputes

Parenting  co ordination

  the family-friendly way of dealing with parenting disputes

Although parents are obliged to consult each other before making major decisions involving their children, they often disagree on the parenting arrangements and decisions that have to be taken after divorce or family separation. Such ongoing parental conflict after divorce or family separation has serious developmental impacts on children and damages them − the more pervasive and higher the levels of conflict to which children are exposed, the more
 negative the effects of divorce or family separation for them.

If you have your children’s best interests at heart, and if you are tired of fighting with your ex-spouse about parenting disputes and would like to address these issues in an immediate, non-adversarial and private forum, you need to consider parenting coordination.

Parenting coordination is a child-centred process in which a mental health or legal professional with mediation training and experience assists co-parents to implement parenting plans, settlement agreements or court orders setting out their parental responsibilities and rights. In the process a parenting co-ordinator would first attempt to facilitate resolution of the parenting disputes by agreement of the parties, but if this does not succeed, the parenting co-ordinator has the power to make decisions or directives regarding the disputes in line with the parenting plan, settlement agreement or court order. Such decisions or directives are binding on the parties until a competent court directs otherwise or the parties jointly agree otherwise. A parenting coordinator may, however, never make a directive which permanently changes the parental responsibilities and rights of parents – a parenting coordinator can only make directives on day-to-day parenting disputes in the implementation of an agreed-upon parenting plan or a court order in which the 
parents’ parental responsibilities and rights have already been defined.

The aims of parenting coordination are to minimise the impact of parental conflict on children, to improve the quality of parenting in the period following divorce and separation, to protect and sustain parent-child relationships and to avoid further court proceedings in relation to parenting disputes.

Parenting coordination provides a timely means of dispute resolution for co-parents, who are often faced with the impossibility of obtaining a timeous court decision on day-to-day parenting issues.

       Liquidation of assets upon divorce
  Liquidation of assets 
  upon divorce 
        Even when appointed as court -              appointed liquidator, a mediatory                approach can still be followed
  even when appointed as court-appointed liquidator, a mediatory approach can still be followed
Where parties cannot agree on the division of their assets prior to divorce, a liquidator or receiver is often appointed to determine the extent of the joint estate or the parties’ estates as at the date of the divorce and to make a ruling on how the parties’ assets are to be divided between them in accordance with the matrimonial property system applicable to their marriage. This process frequently results in conflict when accusations are made that not all assets have been discovered or that assets have been diminished or squandered.

There is, however, no need for this process simply to prolong the conflict between the parties. At Family Dynamics Mediators we follow a conciliatory approach whenever we are appointed upon divorce as receiver and liquidator of the parties’ joint estate or as liquidator to determine the accrual in the parties’ estate and the extent of any accrual claim of one party against the other. 

It is usually easy to determine the extent of parties’ patrimonial claims as legislation and case law provide clear instructions or guidelines in this regard. However, what seems to be more challenging is the question of how the division of assets should be achieved, structured or financed. At Family Dynamics Mediators we offer a novel approach to this process. By following a mediatory approach, we may be able to suggest new and creative options based on our extensive knowledge and experience of divorce and its effects.

Child participation assessments


voice of the child

Child participation in matters concerning the child is mandatory in South Africa.

Child participation within a professional, ethical environment gives children an opportunity to express their individual socio-emotional feelings, needs, views and opinions within the family context, when decisions that will impact them are made.

The child specialist conducts the child participation assessment sessions in accordance with section 9 of the Children’s Act, which provides that in all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance must be applied.

The assessment is usually completed during a two-hour session (either once off or over two hour-long sessions), depending on the

age and developmental stage of the child.


The assessment techniques implemented are aimed at stimulating rapport with the child by facilitating a discussion of the child’s socio-emotional functioning, perceptions and emotional experiences in the important systems in his/her life and in the context of the family setting.

During the assessment, a holistic approach is followed. The systems evaluated include school and peer group relationships, relationships with parents and siblings, the child’s experience of his/her relationship with parents/caregivers/significant others, relationships in which the child might be experiencing discomfort, attachment to parents/caregivers, and personality functioning and temperament.



The purpose of the assessment is to minimise parental disagreements and conflict, identify any different factors that contribute to the child’s current experiences, understand the possible risks faced by the child, and help parents to understand their child’s needs, wants and emotional well-being, address problems, and empower them to find appropriate outcomes, in the interests of the child.

After the assessment session(s) with the child, a feedback session is scheduled during which verbal feedback regarding the findings and recommendations is provided. The feedback process is confidential.


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