Family law and Divorce mediation
What is Family Law and Divorce Mediation?
Family Law Mediation and Divorce 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. It is however important to note that J.P. Psycho-Legal Consultancy also provides independent psychological consulting services in the following areas: Clinical Psychology, Psychopathology Diagnosis, and Therapeutic Intervention across multiple dimensions, including Recovery Therapy Programs, which you are strongly encouraged to take advantage of, particularly when dealing with malicious opponents.
As the name implies, Family Law and Divorce Mediation is the process of dissolving your marriage legally but without resorting to litigation, referred to as an 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.
Effective 22 April 2025, the Gauteng High Court implemented a mandatory mediation directive for civil trials to address severe backlogs, requiring parties to mediate and submit a report before obtaining a trial date. Failure to comply with this directive and the accompanying protocol can result in matters being struck from the roll.
Gauteng High Court Mediation Directive (Free download)
Mediation: As an Alternative to Court-based Divorce
As opposed than hiring two separate divorce lawyers to represent you and your spouse in your divorce, you instead consult with a Family Law and 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 J.P. Psycho-Legal Consultancy does 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 Psycho-Legal Consultancy Family Law Mediation:
During our Family Law 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.
Ultimately, J.P. Psycho-Legal Consultancy’s Family Law and Divorce Mediation are effective in promoting communication and cooperation, often leading to better outcomes, particular 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: Mandatory Mediation has been implemented in the Gauteng Division since 22 April 2025 in accordance with the Revised Directive amended on 27 October 2025, with immediate effect. All Civil Trials are covered by the Gauteng High Court’s Mandatory Mediation Directive (e.g., Commercial, Delictual, Family Law, and Personal injury), including those involving repeat defendants, such as the Road Accident Fund, as well as where parents’ rights to contact are disputed, as with Section 33 of the Children’s Act. Both Pretoria and Johannesburg are subject to the Gauteng High Court’s mandatory mediation directive.
A case study: Brownlee v Brownlee
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 as well. 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 the preferred alternative to traditional litigation. Due to this recognition, J P Psycho-Legal Consultancy has become certified in its offering of expert and confidential Family Law Divorce mediation services intended to find common ground and reach an agreement that is acceptable and equitably fair to both parties, especially those involving children.
Juanitte Pieterse specializes in Clinical Psychology, Family Law Mediation, Complex Divorce, Psychopathology Diagnosis and Intervention, incl. Cluster B Personality Disorders and their related Abuse.
With her psychologically and legally sound leveraging strategies and counsel, her clients are better equipped to deal effectively with the complexities of Family Law Mediation, Negotiation, Litigation, and/or Court proceedings with confidence, resiliency, ultimately enhancing their chances of obtaining a favorable outcome.
With a degree in Psychotherapy and Forensic Counselling, BSc (Hons) Psych Coun (cum laude), Dip HE Psych (cum laude), Registered ASCHP WC24/11073, Juanitte is the author of Strong for Life Mental Health and Disorders Revisited, J P Psycho-legal Consultancy and Strong for Life Integrative Therapy & Counselling Practicum Course.
“Should you be interested in any of my professional expertise or wish to collaborate with me, I invite you to complete and submit the client intake form. I look forward to responding in a timely manner, as I may be in consultation at the time of your inquiry.
I firmly believe that everyone is capable of transforming adversity into victory whatever the circumstances.” – Juanitte Pieterse
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