Divorce Mediation

In the case of a parental dispute, parties are now required to first attempt to mediate the matter and only then approach the court for assistance in the absence of an agreement between the parties. Mediation has therefore become a prerequisite for being allowed to approach the court.

Divorce can be extremely difficult and emotionally trying for a family. Besides the emotion and the stress, a family is left to deal with the financial hardship of a lawsuit. Many couples are eager to avoid the prolonged stress and legal expenses associated with traditional divorce proceedings.

When spouses are interested in developing their own divorce agreements, an Attorney of Van Heerdens attorneys can act as a facilitator and provide the necessary legal guidance.

Mediation is private and confidential. Participation is typically voluntary and the mediator acts as a neutral third party and facilitates rather than directs the process. During the mediation, an attorney of Van Heerdens Attorneys will review the options and provide the parties with a draft settlement agreement for approval. The draft settlement agreement will be amended and modified until it is acceptable to both parties.

At Van Heerdens Attorneys, we strive to provide an effective legal solution for you and your family that can help ease the stress and alleviate the financial burden of lengthy court litigation.

Divorce mediation is a peaceful, intelligent and effective alternative to divorce litigation. It is the modern “way to go”, with many proven benefits.

The benefits of mediation are:

• Less time spent in court
• Less expensive than traditional court litigation
• The process is informal, non-adversarial and takes place in a confidential environment
• Each party can suggest or agree upon creative decisions for their unique family dynamic
• Each party can communicate their wishes, emotions, and desires directly, rather than through a third-party lawyer in a courtroom
• Each party can make their own decisions, allowing them to establish control over their legal matters rather than leaving them to the discretion of the courts.

Mediation, however, is not for everyone.  Mediation may not result in a settlement that is meaningful if there is a power imbalance between the parties. It is not usually appropriate where there has been abuse, and it may not work in situations where one (or both) of the parties is not prepared to compromise. That said, many people enter the process with very entrenched positions and still reach a fair compromise.