It is now required by Rule 41A of the Superior Court Practice that in every new action
or application proceeding, the plaintiff or applicant shall, together with the summons
or Combined Summons or Notice of Motion, serve on each Defendant or Respondent
a notice indicating whether such Plaintiff or Applicant agrees to or opposes referral of
the dispute to mediation.
A Defendant / Respondent shall, when delivering a notice of intention to defend or
notice of intention to oppose, or at any time thereafter, but not later than the delivery
of the plea or answering affidavit, serve on each Plaintiff/ Applicant or the Plaintiff’s /
Applicant’s Attorneys, a notice indicating whether such defendant / respondent agrees
to or opposes referral of the dispute to mediation.
Should the parties believe that the dispute is not capable of being mediated, the
aforesaid notice shall clearly and concisely indicate the reasons for such belief.
Mediation means a voluntary process entered into by agreement between the parties
to a dispute, in which an impartial and independent person, the mediator, assist the
parties to either resolve the dispute between them, or identify issues upon which
agreement can be reached, or explore areas of compromise, or generate options to
resolve the dispute or clarify priorities, by facilitation discussions between the parties
and assisting them in their negotiations to resolve the dispute.
WE, AT ALDI WRITES ATTORNEYS, CAN ASSIST YOU IN YOUR DIVORCE
MEDIATION
How does divorce mediation work?
Divorce mediation usually works in sessions of one to one and a half hour each spread
over a period of time depending on how it unravels. The gap between sessions should
not be too far apart as this can cause a loss of momentum.
It is possible that finality can be reached, if at all, in two to four sessions. There are no
hard and fast rules. One of the most positive aspects of mediation is its flexibility.
Mediation involves negotiation facilitated by a mediator. It is essentially problem
solving – not horse riding.
Most importantly, mediation is a process and not a seven-day wonder. It takes time,
patience and understanding to work. It is not and can never be a quick fix.
Once overall agreement is reached between the divorcing spouses it is recorded in a
Memorandum of Understanding which may then be presented to the spouses’
attorney/s for fine tuning into a Settlement Agreement for incorporation into the Decree
of Divorce Such Settlement Agreement should have attached to it a parenting plan.
–Charles H Cohen
Kindly contact us on mediation@aldiwritesattorneys.co.za in order to make an
appointment for your divorce mediation.
