ADVANTAGES IN MEDIATION FOR DIVORCING COUPLES

An important advantage of mediation is that it allows divorcing parties greater control over the consequences of their divorce. Parties are actively involved in the mediation process and can themselves make the important decisions related to divorce.

As a result of this, and also because parties are able to make decisions regarded as fair and right within their particular cultural and moral frame of reference, they are more likely to honour these mediated agreements. Research in this regard has shown that parties, for example, adhere closely to mediated agreements long after their divorce Mediation also improves communication between divorcing parties.

Mediators are schooled in, amongst other things, the social and behavioural sciences, and know what techniques and strategies to use to lessen conflict between parties and to bridge communication gaps. Meaningful communication between parties usually uncovers all sorts of problems, including underlying issues that often remain hidden in divorce litigation.

Legal literature often refers to the fact that mediation focuses on the interests of children. In the first place, mediation enables those who know the children best, namely their parents, and not some or other third party or institution, to make decisions about their welfare. Furthermore, section 28(2) of the Constitution of the Republic of South Africa 108 of 1996 places an obligation on, amongst others, the mediator to see to it that divorcing parties put the interests of their children first in all negotiations between them.

The chances of the interests of children being protected in the mediation process are therefore excellent and are top priority in the mediation process