Is the agreement reached in mediation enforceable?

An agreement reached in mediation is generally not legally binding unless an agreement indicating that it is, is signed by parties. For example, the parties may sign Terms of Settlement or a Deed after the Mediation which outlines the terms agreed by the parties.

What happens if you can’t agree in mediation?

The mediator does not have authority to make a decision in the case. If you are unable to reach an agreement during the mediation process, the parties are free to continue negotiations outside of the mediation process (either through their attorneys or directly with one another).

Do you have to agree to mediation in a divorce?

You don’t have to agree, but mediation works best with a full understanding of issues and priorities. After negotiations are completed, the mediator or one of the attorneys will draft a settlement agreement and after you both sign off, it will be incorporated as part of your divorce paperwork that is presented to the courts.

What happens at the end of a mediation?

At the end of the mediation process I will provide the parties with a Settlement Agreement. This document details all the points of agreement reached during the mediation process. Parenting Plans are drafted where there are minor children involved. In the case of divorce this is an annexure to the Settlement Agreement.

Who are the divorce mediators in South Africa?

Divorce Mediations is proudly on the Panel of Mediators of the Arbitration Foundation of South Africa (AFSA). Chantal Kur of Divorce Mediations is proudly an accredited Mediator with The South African Association of Mediators (SAAM). Chantal Kur is a Certified International Mediator and as such is registered on the ADR International Register.

How much does divorce mediation cost per hour?

In most cases, costs are shared between the two divorcing parties. Mediators in private practice can charge anywhere from $100 all the way up to $1,000 per hour, but most fall in the $100 to $300 per hour range. You need to ask about fee structure as part of your due diligence efforts.