Mediation is a form of alternative conflict resolution between parties that have children and are separating. It’s regarded as the preferred Practice Method to guide parental responsibilities and rights as stipulated in the Children’s act 38 of 2005 .
In the mediation process, guidance are provided in creating a Parenting Plan as required in legislation. The plan is structured to adhere to the guidelines of the best Interest of the Child standards as presented in section 7 of the Children’s Act. The Family Advocates Office monitors the quality of these plans.
The objective is to ensure that conflict and disagreement that occur during a divorce/separation do not result in significant destruction of relationships and emotional scaring of people – Result: A constructive a positive solution to the disagreement.
The role of the mediator is to assist parties engaged in conflict to find the best possible solution for their situation. (Establishing a “plan” of how the family unit will function post- divorce) The mediator is an objective party. It is not mediators’ job to resolve problems or force an agreement on the parties. The mediator act as an intermediary in the conflict – no decision’s are made on behalf of the parties. The Mediator may offer an opinion or make suggestions but, at no time are they allowed to force an agreement upon the parties.
Family and Child Mediation Model as introduced by Dr Ronel Duchen (FCM Model)
The FCM model is designed to:
Comply with the Children’s Act
Comply with Draft Regulation for Parenting Plans
Reach sustainable agreements
Support parents and children
Facilitate child participation in an appropriate manner
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