R Stevens Attorneys
Mediation – means a voluntary process entered into by agreement between the parties to a dispute, in which an impartial and independent person, the mediator, assists 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 facilitating discussions between the parties and assisting them in their negotiations.

Divorce mediation is about you and your soon to be ex-spouse deciding your own settlement and what is best for the both of you and most importantly, your children.  In mediation, you and your spouse meet with a neutral third party, the mediator, and with his/her help, you work through the issues you need to resolve so the two of you can end your marriage as amicably and cost effective as possible.  The issues covered include but is not limited to the following:
 √ Distribution (assets / liabilities) / division of property (movable / immovable) / calculating    of accrual
 √ Parental responsibilities and rights
 √ Primary care / Visitation rights
 √ Maintenance – child(ren) / spousal

Parental Planning / Family disputes
The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
If the parties are experiencing difficulties in exercising their responsibilities and rights, those person before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
A parenting plan may determine any matter in connection with parental responsibilities and rights, including –
•    where and with whom the child is to live
•    the maintenance of the child
•    contact between the child and –
any of the parties;  
any other person;  and
the schooling and religious upbringing of the child.
Parents not married can also utilize the process of mediation to resolve the issues regarding their children.

Compulsory Mediations in terms of Rule 41A of the Uniform Court Rules
As from the 9th of March 2020 the new Rule 41A of the Uniform Court Rules has been made compulsory to any and all litigation.  This entails that in each and every summons and application issued, the summons and application must include a notice to the Defendant / Respondent, and visa versa, stating that the latter has an option to mediate over the issues in dispute, resulting in the litigation process being stayed.  Failure to do so may entail a cost and/or punitive cost order against an attorney or his/her client. 

Why choose mediation – promotes open discussions;  builds relationships between parents for future communication;  empower parents;  builds confidentiality;  decision making by parties and not the court;  cost effective comparing to litigation;  quicker and easier than litigation;  parties are in control of the process;  informal process;  parties can choose the time for the cessions;  combination of issues to be discussed and settled together – in comparison to litigation where various forums are involved;  to prepare a workable parenting plan / settlement agreement.

What R Stevens Attorneys will need to assist you with Mediation.
-    Make a request for Mediation by sending an email to R Stevens Attorneys together with the email addresses or contact details of all stakeholders