IMAGINE A NEW TOMORROW
Sometimes life crumbles around people when their relationships start to fall apart. Couples reach a point where they realise their marriage is over, or they are caught up in an ongoing dispute after their divorce. This can be a draining and traumatic event in one’s life and can cause people to give up by losing hope and faith. iGrowth Studio helps to create opportunities for you to imagine a new tomorrow and in so doing, regain hope of a meaningful, fulfilled, and purposeful life and future.
- My marriage has failed. What now?
- I need a mutually accepted and cost-effective divorce settlement agreement.
- Our children are important to us and we need a parenting plan that will be in the best interest of our children.
- I need a reliable maintenance calculation.
- I am an unmarried mother or father, or a grandparent and needs a parental rights and responsibility agreements for greater involvement.
WHAT IS MEDIATION?
Mediation is a voluntary and cost-effective process of structured negotiation between two or more parties, facilitated by an impartial mediator. The process enables the parties to design a mutually acceptable, and agreed-upon solution that will resolve any differences to a legal problem, without having to go to court or having a long drawn-out and costly litigation process.
WHY MEDIATION CAN HELP?
Mediation is empowering, efficient, effective, and confidential. Parties have control over the outcome by being directly involved in negotiating their own agreement. The process is less expensive and takes less time than divorce litigation. It preserve relationships by helping participants focus on effectively communicating with each other as opposed to attacking each other and therefore less emotional damage on families. The Children’s Act 38 of 2005 makes it compulsory that all matters that involve children to be mediated. Because it is voluntary, parties can withdraw at any time.
HOW DOES MEDIATION WORK?
Mediation is a constructive process where parties can reach an informed and mutually agreed-upon settlement. Both parties have equal opportunity to share needs and thoughts in order to come to a mutual agreement. They are guided through a structured process to come up with a better solution and agreement that either of them had thought was possible – it is a WIN-WIN. The process encourages a spirit of cooperation to resolve disputes and set the stage for civility in the future. Participating in mediation does not result in giving up any of your rights or putting yourself at any kind of legal risk. The settlement reached, can be made an order of court. If no settlement is reached, the parties can start or resume with litigation.
DIVORCE AND FAMILY MEDIATION SERVICES
Through mediation, parties reach a mutually agreed-upon divorce settlement agreement providing each party an equal opportunity to tell their story, share their needs, interests, and thoughts and come to a mutual agreement. The agreement covers a full range of topics: care and contact of the children, child and/or spousal maintenance, division of property, and any other issue that is relevant to the situation.
A parenting plan is a written agreement that outlines how parents will co-parent their children after separation or divorce. The content of the parenting plan is unique and consists of anything the parents feel necessary for the parenting plan. It focuses on living arrangements, contact and care, health and emotional well-being, maintenance, education, religion, discipline, and any other issue that is relevant to the situation.
Contact and care is not limited to arrangements such as primary or shared residency. Mediated contact and care discussions between the parents will have a unique outcome that is best suited for the parents and the emotional needs of the children. The emotional needs of the children and their feelings will be determined through “Voice of the Child” sessions.
The mother of a child, or a person who has parental responsibilities and rights in respect of the child, may enter into an agreement with any other person (biological father or grandparents) that has an interest in the care, well-being and development of the child.
The calculation of child maintenance is based on the maintenance calculation according to the maintenance court. Agreed child maintenance through mediation gives parents the opportunity to agree on a unique solution that is best for the children and the parents’ financial situation.
There are many factors to take into consideration when spousal maintenance needs to be calculated. The mediator assists the parties to come to a mutual agreement.