How Mediators and Attorneys Can Collaborate…
In the field of family law, especially when it involves the well-being of children, it is essential for mediators and attorneys to work together effectively. This collaboration ensures that the best interests of the children are prioritised and that the process is as smooth and amicable as possible for all parties involved.
How Can Mediators and Attorneys Work Together?
Mediation offers a platform where mediators can sit down with the parents to develop a parenting plan and a memorandum of understanding. This approach is collaborative and focuses on finding solutions that work best for the family, particularly the children.
During mediation, a Voice of the Child (VOC) practitioner plays a crucial role. This professional speaks directly with the children, ensuring their voices are heard and their perspectives considered. The practitioner then provides feedback during the mediation process to the parents and, when appropriate, offers feedback to the children about the mediation proceedings and its outcomes. This inclusion is vital as it empowers children, making them feel acknowledged and respected throughout the process.
Once mediation concludes, the attorney steps in to finalise the process. They take the parenting plan and other relevant documents, filing them in court as part of an uncontested divorce. This streamlined approach is not only cost-effective but also faster, reducing the emotional toll on both the children and parents.
Emotional and Financial Benefits
By using mediation, families can save both time and money. A typical mediation session costs around R1400, and a session with a Voice of the Child practitioner is about R650. These are reasonable costs compared to the potential expenses of prolonged court battles.
Furthermore, mediation allows for additional resources to be allocated to co-parenting classes for parents, and self-regulation skills workshops for children. These programs can provide ongoing support, helping families adjust to their new circumstances. After about a year, the parenting plan can be reviewed and updated with the mediator who already knows the case, allowing for necessary adjustments as circumstances change.
The Role of Attorneys in Mediation
It’s important for attorneys to view mediation positively and recommend it to their clients. Mediation offers a constructive environment to resolve issues related to guardianship ,care and contact. Attorneys can then handle the legal aspects, such as issuing summons and preparing necessary legal documents for filing the divorce, ensuring that the process remains structured and legally sound.
For the best interests of the child to be truly served, the collaboration between mediators and attorneys is vital. This partnership not only makes the process more efficient and less costly but also significantly less stressful for both the children and their parents. When families are aware of these benefits, they are more likely to choose mediation as a first step, paving the way for a more harmonious and supportive transition into the next phase of their lives.
How Mediators and Attorneys Can Collaborate – a Multi Disciplinary Team
