Family law Mediation & divorce mediation

What is Family Law Mediation and Divorce Mediation?

Family Law Mediation encompasses legal matters related to family relationships, such as Prenuptial Agreement, also known as an Antenuptial Agreement, Marriage In Community of Property, Marriage Out of Community of Property With or Without the Accrual System, Same-Sex Marriages, Cohabitation Law, Universal Partnerships Divorce, Spousal Support, Child Custody, Parenting Plans, Unmarried Fathers’ Rights, Adoption, Parental Responsibilities and Rights, Local And International Child Abduction, Family Violence Interdicts.

Family Law Mediation and Divorce Mediation are not the same as therapy or marriage counseling. However, at our practice, J P Consultancy, we also offer independent psychotherapy such as individual therapy (i.e., child and adult therapy), family therapy, group therapy, and relationship / marriage counseling and therapy at your request, which we strongly encourage you to pursue.

As the name implies, Family Law Divorce Mediation is the process of dissolving your marriage legally but without having to resort to litigation, in other words out of court divorce.

Importantly, under the Gauteng High Court’s mandatory mediation directive, mediation is now a required first step in many family law disputes.

Alternatives to court divorcing

As opposed than hiring two separate divorce lawyers to represent you and your spouse in your divorce, you instead consult with a Family Law Divorce Mediator who is a legally qualified & accredited neutral third party whose role is to facilitate divorcing couples in negotiating a legally binding out-of-court settlement and resolving their dispute amicably (in a friendly and peaceable manner).

Mediation does not involve the Mediator taking sides or representing either side. Confidentiality and rights are protected during this process. Therefore, when you participate in mediation, you are not sacrificing any of your rights or putting yourself at any kind of legal risk.

When a settlement is reached (as we do in 95% of all cases), the agreement itself becomes an order of the court which is both legally binding and enforceable. In the event that a settlement cannot be reached, the parties will resume litigation. Information shared in mediation, including offers, counter-offers, and information exchanged, cannot be disclosed in court.

J P Consultancy Family Law Mediation:

J P Consultancy’s Family Law Mediation and Divorce Mediation are designed to facilitate negotiation, dispute resolution, and conciliation to resolve disputes related to asset division, spousal support/maintenance, child custody and maintenance in addition to post-divorce parenting planning. In a safe, confidential, non-judgmental, and non-confrontational setting, the parties can avoid the emotional and financial strain of litigation while maintaining confidentiality and control over the outcome.

Using our J P Consultancy’s Family Law Mediation and Divorce Mediation processes, our qualified mediator guides both parties towards an acceptable resolution that is in the best interests of both parties, while protecting the rights, needs and best interests of the children (Children’s Act No. 38 of 2005). Within the range of potential court outcomes, you will be guided by our Family Law Mediator who is an expert in both Divorce Mediation and Child And Family Law.

In comparison to litigation, the process is significantly more efficient. During J P Consultancy’s Family Law Mediation and Divorce Mediation, the emphasis is on finding mutually acceptable solutions rather than engaging in adversarial court battles, which can be time-consuming, expensive, and emotionally draining for both parties. The entire process takes only a few hours to a couple of days, with significant savings in terms of time and money, and emotional benefits that are undeniably unparalleled.

There is no doubt that Family Law Mediation and Divorce Mediation are an effective means of promoting communication and cooperation, often leading to better outcomes for the children and reducing conflict between spouses in a manner that preserves and enhances family relations, particularly where it involves a continuing relationship between the parties.

Importantly, under the Gauteng High Court’s mandatory mediation directive, Family Law Mediation and Divorce Mediation are now a required first step in many family law disputes and oblige parties to seek Pre-trial mediation e.g. Brownlee v Brownlee: 2008/25274 or where parents’ rights to contact are disputed, as with Section 33 of the Children’s Act:

Brownlee v Brownlee: A case study

Recently, a court case, Brownlee v Brownlee: 2008/25274, established a precedent for the divorce process, emphasizing the requirement for mediation in family law cases. In fact, mediation has become a mandatory first step in many family law disputes under the Gauteng High Court’s mandatory mediation directive.

As Acting Judge Brassey ruled in Brownlee v Brownlee: 2008/25274, the parties were expected to attempt mediation before embarking on litigation and their attorneys were obliged to encourage their clients to mediate the resolution of their dispute before pursuing litigation and incurring the delays and costs associated with it. Due to their failure to advise their clients to initiate mediation at an early stage, the judges stressed and extolled the virtues of mediation, while also capping the attorney fees on both sides. As an expression of his disapproval, the judge made each party responsible for their own costs:

“How much richer would this solution have been had it emerged out of a consensus-seeking process rather than in adversarial proceedings in which positions were taken up that gave every appearance of callousness and cruelty. This is but an instance of what mediation might have achieved. In fact, the benefits go well beyond it. In the process of mediation, the parties would have had ample scope for an informed but informal debate on the levels of their estates, the amount of their incomes and the extent of their living costs. Nudged by a facilitative intermediary, I have little doubt that they would have been able to solve most of the monetary disputes that stood between them. The saving in time and legal costs would have been significant and, once a few breakthroughs had been made, I have every reason to believe that an overall solution would have been reached.”– (Brownlee v Brownlee August 2009: South Africa, South Gauteng High Court,)

Why This Is Important?

The High Court of South Africa recognizes professional mediation as superior to traditional litigation. Due to this accomplishment, J P Consultancy is now validated in its offering of expert and confidential Family Law Divorce Mediation services that aim to find common ground and reach an agreement that is acceptable and equitably fair to both parties, especially those involving children.

Mediation: Why Is It Better Than Court Battles?

In traditional divorce litigation, costs are high, the proceedings are public, and the children are frequently adversely affected. By contrast, family mediation is private, child-focused, and designed to reduce conflict and emotional stress.

Family Law Divorce Mediation also offers significant emotional benefits by fostering a supportive environment where parties can express their feelings and understand each other’s perspectives. This approach reduces stress and anxiety often associated with confrontational legal battles. By promoting open communication, mediation can lead to healing and reconciliation, making it easier for everyone involved to move forward positively.

Importantly, under the Gauteng High Court’s mandatory mediation directive, mediation is now a required first step in many family law disputes.

Overview	Mediation: Uncontested Court Order	Litigation: Disputed court battles
Benefits	cost-effective, collaborative, and less stressful	Expensive, Stressful and emotionally charged
Process	The Mediator facilitates the negotiation of a settlement between the parties, without making any decisions on their behalf	Two law firms are engaged in a legal battle, and a judge decides the case.
Success Rate	Win-win situation: In 95% of cases, the parties reach a mutually beneficial agreement	50% – It’s not always a win-win situation – most often, only one-party benefits, in other cases, both suffer a loss
Savings	Save 70% or more on legal fees	Individual expenses can exceed tens of thousands
Cost	Each Party pays 50% of the Mediator’s costs	Each Party pays 100% of their own Legal Representative’s costs
Typical Time to Settlement	2-3 Weeks	Huge back-log: could take months up to years
Court Date	Uncontested = Preferential Court Date	Unknown
Legal Acceptability	The Gauteng High Court has mandated pre-trial mediation (Brownlee v Brownlee)	Pre-trial mediation is now mandatory under the Gauteng High Court’s mandatory mediation directive
Outcome	Facilitates mutually acceptable agreements. Parties maintain control over outcomes: objectivity, flexibility and fairness	Court-imposed judgment.
Privacy	Family matters are kept private and confidential	The proceedings are public
Collateral Cost	Children and parents benefit most from mediation with the least adverse effects	Children and parents suffer a great deal from court battles, both financially and psychologically

Misconceptions:

One of the common misconceptions about divorce mediation is that it is only suitable for couples who can work together and are mutually respectful. In reality, mediation is effective even in high-stakes disputes, since mediators, notably those at J P Consultancy’s Family Law Divorce Mediation, are trained to facilitate communication and assist parties in finding common ground.

A second misconception is that mediation favours one party over the other. However, in practice, it is designed to ensure an equitable and balanced agreement for both parties, especially those involving children.

Another third misconception is the notion that mediation is only about compromise. In fact, however, mediation typically produces more creative, effective, and personalized solutions than a court is capable of.

A final misconception is that mediation is not legally binding. However, any settlement reached through mediation are formalised and becomes a court order, and therefore enforceable in law.

Commonly Mediated Family Matters:

Divorce Resolutions and Settlements: – Division of Property, Financial Arrangements, Distribution of Assets
Parenting Plans and Child Custody Agreements: Arrangements for Sharing Parenting Responsibilities, Schooling, and Child Care
Support and Maintenance Agreements: – Agreements concerning Spousal and Child Support Maintenance
Disputes within Families: – Constructively Resolving wider Intra-Family Disputes, and Domestic Violence Interdict.
Antenuptial Agreements – Assisting couples with the Drafting of Fair Marriage Contract e.g., Marriage Out of Community of Property With the Accrual System,
Same-Sex Marriages: includes providing guidance on Legal Rights, Drafting Agreements tailored to their unique needs, and ensuring equitable treatment under the law
Cohabitation Law: – Assistance in Drafting Agreements between couples living together, such as Property Division, Financial Support, and Arrangements for Sharing Parenting Responsibilities, Schooling, and Child Care
Unmarried Fathers’ Rights: – Assistance in drafting Agreements establishing their parental responsibilities, such as for Sharing Parenting Responsibilities, Schooling, and Child Care, Visitation Rights, and Decision-Making Responsibilities.

J P Consultancy Family Law: Areas of Expertise

Divorce and Family Law
Divorce Mediation and Collaborative Law
Parenting Plans and Child Custody (Care and Contact)
Parental Responsibilities and Rights
Same-Sex Marriages and Unmarried Fathers’ Rights
Maintenance, Rule 43, and Rule 58 Applications
Cohabitation Law and Universal Partnerships
Antenuptial Agreements
Unmarried Fathers’ Rights
Civil Contracts: Disputes over Wills, Disputes within Families
Domestic Violence Interdict

Fees and locations for mediation

Type	Time	Venue	Service Description	Cost
Info Session	20 min	Online, or Our Office	Free Mediation Consultation to discuss your dispute and the mediation process	Free of Charge
Divorce	On average, divorce cases take approximately 1 to 3 days to conclude depending on the complexities of each case, whether children are involved and the level of intricacy	Our Office or a Neutral Venue near you	Depending on the complexities mediation fees typically range from R14,000 to R42,000 (divided between the parties). A fixed fee of R6,000 applies when drafting or amending a Divorce Settlement Agreement. A fixed fee of R10,000 applies to court appearances in divorce proceedings.	Mediation sessions cost R2,000 per hour. All mediation time, including pre-mediation preparation and follow-up, is billed at this rate. All travel expenses, venue costs, fees for notaries and the submission of the Degree of Divorce to the registry of deeds are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.
Maintenance (Court) Order Rule 43, and Rule 58 Applications	On average, Court-Ordered Maintenance cases take approximately 1 to 3 days to conclude depending on whether they are conducted jointly or individually and the level of intricacy.	Our Office or a Neutral Venue near you A fixed fee of R6,000 applies when drafting or amending a Divorce Settlement Agreement. A fixed fee of R10,000 applies to court appearances in divorce proceedings	Depending on the complexity, mediation fees typically range from R14,000 to R42,000 (mostly for the applicant’s account but can be split between both parties). A fixed fee of R6,000 applies when drafting or amending a Maintenance Court Order under Rules 43 and 58. A fixed fee of R10,000 applies to court appearances for Maintenance Court Order	Mediation sessions cost R2,000 per hour. All mediation time, including pre-mediation preparation and follow-up, is billed at this rate. All travel expenses, venue costs, fees for notaries and the submission of Maintenance (Court) Order to the registry of deeds are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.
Parenting Planning	On average, Parenting Planning take approximately 1 to 3 days to conclude depending on whether they are conducted jointly or individually and the level of intricacy.	Our Office or a Neutral Venue near you	Depending on the complexities fees typically range from R14,000 to R42,000 (divided between the parties). A fixed fee of R6,000 applies when drafting or amending a Parenting Plan / Agreement.	Mediation sessions cost R2,000 per hour. All mediation time, including pre-mediation preparation and follow-up, is billed at this rate. All travel expenses, venue costs, fees for notaries and the submission of Parenting Plan to the registry of deeds are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.
Antenuptial Agreements	On average, cases involving an Antenuptial Agreement take approximately 1 to 3 days to conclude depending on whether they are conducted jointly or individually and the level of intricacy.	Our Office or a Neutral Venue near you	Depending on the complexities fees typically range from R14,000 to R42,000 (divided between the parties). A fixed fee of R6,000 applies when drafting or amending an Antenuptial Agreement.	Mediation sessions cost R2,000 per hour. All mediation time, including pre-mediation preparation and follow-up, is billed at this rate. All travel expenses, venue costs, fees for notaries and the submission of agreements to the registry of deeds are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.
Civil Contracts & Agreement: Examples include: Cohabitation Agreements, Disputes Over Wills, wider Intra-Family Disputes, Unmarried Fathers’ Rights, etc.	On average, cases involving a Civil Contract / Agreement take approximately 1 to 3 days to conclude, depending on whether they are conducted jointly or individually and the level of intricacy.	Our Office or a Neutral Venue near you	Depending on the complexities fees typically range from R14,000 to R42,000 (divided between the parties). A fixed fee of R6,000 applies when drafting or amending a Civil Contract / Agreement.	Mediation sessions cost R2,000 per hour. All mediation time, including pre-mediation preparation and follow-up, is billed at this rate. All travel expenses, venue costs, fees for notaries and the submission of agreements to the registry of deeds are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.
Domestic Violence Interdict	On average, cases involving a Domestic Violence Interdict take approximately 2 to 4 hours to conclude, depending on the level of intricacy.	Our Office or a Neutral Venue near you	Depending on the complexities fees typically range from R4,000 to R8,000.	Mediation sessions cost R2,000 per hour. All mediation time, including pre-mediation preparation and follow-up, is billed at this rate. All travel expenses and venue costs are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.
Community and Public Speaking / Presentations	Community and Public Speaking / Presentations take approximately 1 to 4 hours depend on the scope of the presentation.	Venue to be	We occasionally participate in free talks and presentations for radio stations, the government, corporations, churches, community organizations, and divorce support groups, as availability permits. During the talk, the audience is provided with general legal information and then provided with more case-specific information in private.	While this service is free of charge, all travel expenses and event costs are excluded and need to be accounted for.
Payment Terms	Full payment is required prior to the commencement of mediation.