Divorce Mediation – a better option


divorce mediation

Frustrated in seeing how families are being torn apart, and their finances depleted by the expensive and adversarial divorce litigation process, Abrahams and Gross attorneys in Cape Town recently launched Family Law Mediation Specialists (FMS) as an extension to the firm’s Family Law Department to eliminate the expense, time, and adversarial nature of divorce with a new website: http://www.familylawmediators.co.za.

The purpose of FMS is to afford couples an innovative, low-stress, low-cost and speedy solution through Mediation. Divorce Mediation puts control of the divorce process in the couple’s hands rather than engaging in an expensive court process thereby enabling the couple to outline the terms of their divorce and so they save time, money and stress.

“I have been working in a number of cases with client’s whose divorces should have been uncomplicated and relatively simple,” Bertus Preller Family Law Attorney at Abrahams and Gross Inc., said. “Unfortunately, because traditional divorce litigation is an adversarial process in nature, it tends to stage one divorce attorney against the other in a win – lose  situation for a fight to the finish which just drives up the expense, the time involved and causes a great deal of emotional stress and pain within the family unit.”

Divorce litigation is often very destructive especially where there are children involved and in many cases, particularly if the parties have children, the divorcing spouses will be in each other’s lives for a long time to come. For this reason it is better for them, as well as their children to keep the lines of communication open between them, Mediation, enables this.

Contested divorce (where the parties are not able to agree on the terms of the divorce) requires both spouses to hire separate attorneys, who then “contest” against each other to gain as much for they can for their client at the expense of the other. The lawyer’s objective is to “win” at all costs. Tin many instances the attorneys have absolutely no motivation whatsoever to be concerned with their opponent’s well-being or how the family will communicate when the dust clears and the attorneys’ bills have been paid. This process is adversarial in nature and does not encourage open communication between spouses which can be devastating for their children.

Divorce Mediation is a very different approach to ending your marriage than the common approach of Divorce Litigation. Divorce Mediation is a cooperative process that enables the spouses to work together and resolve the practical matters involved in their separation.

The cost of these comprehensive mediation services are usually a small part of the cost of other forms of divorce, particularly litigation.

Compiled by:

Bertus Preller

Family Law Attorney at Abrahams and Gross Inc.

Twitter: @bertuspreller

Web: http://www.divorceattorney.co.za

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