Tag: Family mediation
National Accreditation Board for Family Mediators
National Accreditation Board for Family Mediators (NABFAM)
The National Accreditation Board for Family Mediators [referred to as “NABFAM”] emerged in 2010 from the need for a national accrediting body which promotes mediation and the ethical standards and integrity of practising family mediators in South Africa, and which will also promote transformation in the industry. The commencement of the Children’s Act 38 of 2005 in 2010 represented the immediate context for the formation of this Board and the primary focus of the Board is on family mediation and mediations in terms of the Children’s Act.
The Board is structured in such a way as to affirm the independence and authority of its member organisations based in the various provinces of South Africa, initially Gauteng, KwaZulu-Natal and the Western Cape.
NABFAM is a standing committee of the Africa Centre for Dispute Settlement at the University of Stellenbosch Business School [“ACDS”]. The Board is not a distinct legal entity, and forms part of the University of Stellenbosch, and is subject to the governance of a Control Committee, established by the University.
For the purpose of the activities of the Board “family mediation” is defined as a process whereby one or two impartial mediators assist a couple or family members in their discussions with one another, in relation to any family disputes that may exist between them, with a view to the resolution of such issues on an informed basis. This includes parenting coordination and divorce mediation, which is defined as a form of family mediation which relates specifically to any and all matrimonial issues, including separation and divorce matters, questions concerning children, and issues relating to property and finance.
The Board is an industry representative accrediting body that will do the following:
- define and publish national accreditation standards for family mediators, family mediation courses and family mediation trainers;
- Maintain and publish a national register of accredited family mediators, family mediation courses and family mediation trainers;
- Actively promote transformation and representivity in the family mediation industry;
- Facilitate adherence by all family mediators to a standard code of conduct.
- Maintain adherence to the accreditation standards by all member organisations.
Social Justice
Social Justice
What is Mediation?
Mediation is a process where a neutral and skilled mediator can assist families who are in conflict to work out arrangements for themselves and their children. Mediation is a voluntary process that can help two sides to reach an acceptable solution to their differences. A mediator can help the parties examine ideas and options in a neutral, safe environment where they are free to express their opinions. Social Justice treats the mediation as confidential and does not provide information to any third party.
What is Litigation?
Litigation is the process of taking a dispute to a court of law. This process is complicated and formal, involving a series of technical steps in terms of the
prescribed rules of the court. The parties are dependent on the experience of their legal representatives and the court’s interpretation of the
facts of their case and the law, thereby placing the outcome of their case in the hands of other persons. The alternative to litigation in family matters is
conciliation, mediation and facilitation.
The Children’s Act Explained
The Children’s Act Explained
The Act is there to help keep families together and make sure a child is cared for by family or parents, or is placed in alternative care when there is no family. The Act talks about protecting children from abuse, harm and neglect and to do this, many different services and resources need to be made available for children.
Material prepared and written by Desia Colgan, Lecturer in Law,
University of the Witwatersrand, Johannesburg and Street Law Coordinator.
Article 21 of the children’s act
Article 21 of the Children’s Act
Section 21 of the Children’s Act provides that:
“(1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of Section 20, acquires full parental responsibilities and rights in respect of the child –
(a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership;
(b) if he, regardless of whether he has lived or is living with the mother –
(i) consents to be identified or successfully applies in terms of Section 26 to be identified as the child’s father or pays damages in terms of customary law.
(ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and
(iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.
(2) This section does not affect the duty of a father to contribute towards the maintenance of the child.
(3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1)(a) or (b), the matter must be referred to mediation to a family advocate, social worker or other suitably qualified person.
(b) any party to the mediation may have the outcome of the mediation reviewed by a court.
(4) This section applies regardless of whether the child was born before or after the commencement of the Act.”
5 Benefits of Mediation for Family Law Dispute Resolution
5 Benefits of Mediation for Family Law Dispute Resolution
As a lawyer, judge, and now mediator, I have handled thousands of cases in multiple areas of the law. I have watched litigants navigate the court system and had the privilege of visiting multiple New York State courthouses to review that navigation so that there could be operational solutions to optimize the experience for all. Mediation offers litigants an opportunity to resolve a matter in a different way. The mediation process can save time and money, reduce stress and improve the overall well-being of the parties. Whether you are getting divorced or dealing with a personal injury matter, landlord-tenant issue, insurance coverage dispute, or employment or contract claims, mediation can offer extensive benefits.
For this article, I will focus on family law mediation, but the benefits apply to all types of cases.
Cost Savings
Getting divorced in New York can cost a fortune. I have seen a great number of litigants deplete their life savings in matrimonial disputes. Many of these matters could have been resolved at a fraction of the cost through mediation.
Flexibility
A judge has multiple cases on his or her calendar. As such, the judge will determine the day and time of an appearance and how the case will be heard. It might be in person or virtual. Mediation allows the parties and counsel the opportunity to weigh in on scheduling, as well as how the case is to be heard. In some situations, the proceeding might be a hybrid, in that some individuals appear in person and others participate remotely.
The parties and counsel will choose the mediator, which gives everyone a sense of control and confidence. The selection of a mediator is an initial step to begin to think that this individual will move the case toward resolution.
Time Savings and Continuity
When a case goes to trial, there could be major disputes about finances and children. This type of case could take weeks to try, drawing out one of the most painful events in a person’s life, which can have a deep impact on finances, job performance, mental health, other relationships and overall well-being. Mediation means less time away from work, children, life and the real moments that matter.
Once the meditator establishes a rapport with the parties, it is crucial to keep the conversation moving. Agreements on smaller points often lead to agreements on larger ones. The ability in mediation to schedule day-to-day meetings is a wonderful tool in reaching a settlement.
Privacy
Divorce is one of the most stressful life events. This is a time to find ways to lessen the impact of this stress on the family. Divorce proceedings bring an additional level of scrutiny and can enhance the anxiety associated with the experience. Courtrooms are open, as they should be. In mediation, the setting is private, confidential, and more intimate and protected.
Long-Term Results
A study conducted by the University of Virginia and published by The Journal of Consulting and Clinical Psychology on the effects of mediating versus litigating child custody disputes offers a clear indication of the benefits of mediation over litigation. “The 12-year follow-up data indicate that, even in contested cases, mediation encourages both parents to remain involved in their children’s lives after divorce without increasing co-parenting conflict.”
Some of the additional highlights were that the nonresidential parent was more likely to be involved in co-parenting activities and, even after 12 years, was three times more likely to see their children weekly and four times more likely to talk to their children weekly than those parents who engaged in litigation. These findings are tremendously impactful when thinking about the effects of divorce.
A skilled mediator in a private setting who can focus on a matter without interruption has an excellent chance of bringing the parties to a resolution. Each party has a story to tell, and the mediator must listen and not be judgmental. The best resolution provides a foundation for future problem-solving. And, of course, the hope is that relationships can be preserved, especially when there are children involved.
Mediation saves parties money and time, and gives them the opportunity to close a difficult chapter in their lives. Mediation helps parties to work toward the best potential outcome for today and for the future.
Written by – Sherry Klein Heitler