Mediation can help find solutions
JOBURG - Help is at hand for couples contemplating divorce and for those locked in custody battles over children born outside of wedlock.
According to South African Association of Mediators spokesperson Susan Harris, the Department of Justice was in the process of finalising draft mediation rules that would embrace mediation as a “formalised mechanism of alternative dispute resolution”.
“The statistics tell a tale of much suffering for vulnerable children as a result of the breakdown of their family life, especially with the difficulties experienced by parents to obtain maintenance for their biological children,” she said.
The resolution of family law disputes through the court system could be slow and expensive for the general public, and especially so for disadvantaged people.
With regard to the draft mediation rules, the High Court would remain the Upper Guardian of all minor children and would continue to hear divorce and other family law matters.
The objectives of the mediation procedure would be to facilitate and speed up the effective resolution between spouses and parents in a cost-effective manner as well as assist them to determine whether or not it is in their best interests to proceed with a trial.
“Mediation is private and confidential, and allows parties the opportunity to examine ideas and options in a natural, safe environment where they are free to express their opinion. They can return to conventional litigation should the attempt to resolve their disputes through mediation not be successful,” said Harris.
The process would aim to achieve win-win solutions and to preserve relationships between spouses and/or parents and their children. It would also provide parties with more wide-ranging solutions to their disputes that are beyond the scope of judicial officers.
“The association is a regulatory body for its members and is involved in family mediation through education, training and facilitation of family-related matters,” said Harris.
The association sought to promote and facilitate mediation as a means of resolving disputes and referred people or families to mediation if required. It also provided education and ongoing training for mediators or those who wished to practise as mediators, and monitored standards according to the rules of the National Accreditation Board for Family Mediators.
Details: www.saam.org.za; info@saam.org.za
