FAQ
Frequently Asked Questions
General Questions
FLM is a process where a neutral third-party mediator helps separating or divorcing couples reach agreements on issues like child custody, parenting plans, property division, and spousal support.
Mediation is a voluntary, confidential, and collaborative process that allows both parties to have control over the outcome, unlike litigation, which involves a judge making decisions in court.
Agreements reached in mediation are not legally binding on their own but can be turned into a legally enforceable agreement or court order.
While having a lawyer is not required, it can be helpful to get legal advice before and after mediation to ensure your rights are protected.
Mediation Process
The length of mediation varies depending on the complexity of the issues and the parties’ willingness to negotiate. It can take a few sessions or several months.
If an agreement isn’t reached, parties can still pursue litigation, but mediation often helps narrow the issues and reduce court costs.
Yes, many mediators offer virtual mediation sessions, which can be convenient for parties in different locations.
No, mediation can be conducted in separate rooms or through “shuttle mediation” where the mediator moves between parties.
Topics Covered in Family Law Mediation (FLM)
Mediation can address child custody and parenting plans, child support, spousal support, division of assets and debts, and other family law matters.
If there is a history of domestic violence, mediation may not be appropriate unless safeguards are in place, such as separate sessions or legal representation.
Parents work together to create a PP that serves the best interests of the child, considering factors like schedules, decision-making, and communication.
Cost & Benefits of FLM
Costs vary depending on the mediator and location. Mediation is generally less expensive than litigation.
Mediation is usually quicker, less expensive, confidential, and allows parties to maintain better relationships by reducing conflict.
Yes, as long as both parties are willing to negotiate in good faith, mediators are trained to manage high-conflict situations.
Yes, both parents typically agree to obtain the report, and they usually share the cost.
Costs vary depending on the professional’s rates and jurisdiction. Fees are typically split between the parents.
Separating or Divorcing Couples
Parents and Children
Grandparents and Other Family Members
High-Conflicting Co-Parents
Unmarried Parents or Common-Law Partners
Individuals with Financial Concerns
Families with unique or complex Situations
Couples Who Want to Maintain Privacy
Individuals Seeking Faster Resolutions
Individuals Who Do Not Want to Go Through Expensive Litigation Processes
Phased-In Contact
To protect the best interests of the child, as required by South African law.
To help the child adjust emotionally and psychologically to contact with a parent.
To ensure that contact is positive, safe, and developmentally appropriate.
Short, supervised visits may begin first (e.g., an hour at a neutral location).
Gradually, contact becomes longer and more frequent and may shift to unsupervised settings.
Eventually, it may include overnight stays or extended holiday visits, depending on the child’s comfort and developmental needs.
The pace is determined by the child’s age, emotional state, and relationship history with the parent.
Supervised Contact
Supervised contact may be considered when:
There are concerns about the child’s emotional or physical safety.
The child and parent have been estranged or separated for a long period.
There are allegations of abuse, neglect, or domestic violence.
A parent is dealing with substance abuse or mental health issues.
The child is anxious or reluctant to spend time alone with a parent.
The supervisor observes the interaction to ensure the child feels secure and supported.
If necessary, they may intervene to redirect behavior or assist communication.
Supervisors often provide feedback or reports, especially when ordered by the court.
Contact is typically held in a neutral, child-friendly environment (like a contact center or therapeutic setting).
Labour Law (LL)
The right to safe working conditions, fair labour practices, protection against unfair dismissal, being paid the agreed wage on time, not being discriminated against, access to appropriate resources and equipment to perform your job, and the right to collective bargaining, while being treated with dignity and respect.
Review the unfairly treatment action or dismissal notice carefully, seek legal advice, contact your employer to discuss the situation, initiate a formal grievance process with the employer. If the grievance is not resolved, refer the dispute to the relevant labour authority (like the CCMA) to file a claim for unfair dismissal.
It is important to gather evidence to support your case during conciliation or arbitration process, including relevant documents, witness statements and the relevant employment contract.
Human Resource Management (HRM)
Improving employee satisfaction and retention, boosting productivity, enhancing talent acquisition, ensuring legal compliance, fostering better employee relations, and positively impacting overall organizational culture through initiatives like training, development and performance management.
Organizational Design (OD)
It lays the foundation for operational efficiency, adaptability and employee satisfaction. It aligns the organisational structure with its business strategy and mandate, ensuring the company to respond swiftly to changes in the market or industry.
It clearly outlines the responsibilities, expectations, and required skills for a specific role, providing a foundation for effective hiring, employee performance management, and overall organisational structure, ensuring both employers, current employees and potential candidates have a mutual understanding of the position and its requirements.
It establishes a fair and equitable compensation structure by determining the relative value of different roles, ensuring employees are paid appropriately based on their job responsibilities, which can boost the morale, attract talent, and maintain a competitive edge in the market while also promoting pay transparency and compliance with legal standards regarding equal pay.
QUESTIONS?
Whether you’re curious about our services or to make an appointment, we’re here to answer any questions.