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About this publication

Mediation in Family & Divorce Disputes is intended as a handbook for mediators and clients who are involved with family and divorce disputes. It distils 20 years of priceless experience into a succinct and lucid handbook that will be invaluable to attorneys, mediators, social workers, pastors, psychologists and parties to disputes, helping clients to decide whether they would like to try to resolve their dispute through mediation and professionals to reflect on the fundamental principles and practical applications of their work. The goal of mediation is to enable clients to negotiate an effective settlement of their dispute, rather than necessarily reconciling – although occasionally that is a result of mediation. In a real sense mediation coaches clients to negotiate effectively. It is about helping clients to negotiate mutually acceptable, realistic and legal settlements of their disputes. 

Although the book is written in a South African context, the principles will apply and be of interest beyond South Africa and to all mediators and clients in mediation whether their primary focus is on family disputes or not. 

For mediators, the book sets out to provide practical and theoretical guidelines for their work. The practice tips, further reading suggestions and references serve as an introduction to some of the work of leading mediators in the field for those readers who would like to develop a deeper understanding of the process. The book is also designed to be of use to those who have recently been trained as mediators or will soon be trained, as it complements the material usually presented in such training. 

For clients, it explains what they can expect in the mediation process, tips as to what to look for in a mediator and what they can do to prepare for their mediation in order to get the most out of the process. 

The book covers mediation in three parts: 

Part 1 of the book starts by looking at introductory issues: the question of defining mediation, followed by some comments on preparation for mediation. Then the focus shifts to the question of who mediates, and the qualities of an effective mediator. 

Part 2 has chapters dealing with the mediation toolbox, a problem-solving model for mediators, and the techniques mediators use. Particular attention is given to dealing with power imbalances and what mediators do when the process gets stuck, as often happens. 

Part 3 deals with the wider context: the regulatory framework and related processes such as post-divorce facilitation and collaborative law. 
 

Content

Part 1: Preparation 

• What is Mediation? 
• Preparing for your Mediation 
• Who is the Mediator? 

Part 2: A Mediation Process  

• How do we get out of here? 
• From Problems to Solutions 
• Mediation Outcomes 

Part 3: The Wider Context  

• The Regulatory Framework 
• Related Processes and Resources 

Appendices 

• National Accreditation Board for Family Mediators (NABFAM) 

1. A.National Accreditation Requirements for Mediators.  
2. Minimum National Standard: Training Program and Assessment Requirements for Mediators 
3. Minimum National Standard for Continued Accreditation of Mediators 
4. National Standard for Continued Professional Development (CPD) Point Allocation 
5. NABFAM Code of Professional Conduct for Mediators 
6. Criteria for Affiliation of NABFAM Member Organisations 
7. Minimum Accreditation Standards for Trainers
8. Minimum Accreditation Standards for Assessors

• Assessment of Mediators 
• Index