Why Mediation is a better alternative to contested court proceedings


  • Research shows better long-term outcomes for parents and children where the parties mediated.
  • More parties are satisfied with the divorce process where mediation is used to agree terms.

1.1   Contested Court Proceedings are not good for parties, for numerous reasons;-

Amongst other reasons;-

  • Court is based on an adversarial model.
  • The parties lose control of the outcome.
  • It is costly.
  • It does not foster good communication.
  • It introduces a philosophy of brinkmanship into disputes.
  • It is more time efficient.

1.2   What do mediators do?

Mediators talks about alternatives and options to settle

Mediator makes sure you have all the necessary information you need to make informed decisions in the mediation process.

It is a process based on transparency and disclosure.

1.3   Mediators use tools;-

  • -Best case and worse case scenarios
  • -Using a flipchart to view options
  • -Asking each party to see from the other parties point of view.
  • -Positive and constructive dialogue.

1.4   Mediation:-

Allows the parties to create an agreement that works for both them and their children.

Allows the parties to take their time and not be pressurised by the courts timetable.

Allows the parties to explore all potential options

Facilitates the parties in discussing what they believe to be important in a serious and concise manner.

1.5   Mediation:-

Is designed to avoid the courts and excessive use of lawyers.

Allows couples to design their own unique agreements or court orders where appropriate

Promotes healthy dialogue between you and your spouse with the assistance of mediators

Is less confrontational than contested divorce court proceedings.

Mediation is quicker than contested court proceedings

You have more input into your children’s overall situation in the mediation process.

You know what is best for your children. The mediation process affirms that point.