THE CASE FOR MEDIATION AS AN APPROPRIATE PROCESS OPTION TO EFFECTIVELY RESOLVE MARITAL DISPUTES. PRESENTED BY MAHOMED ESSACK. THE THEME.
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“Marriage is, typically born out of such love and solemnized with such hope that it’s termination by divorce cannot but be tragic. But the death of this marriage, or at least the manner in which the last rites have been pronounced over it, represents a tragedy of an especially painful sort.”
How do we manage the disputes that may arise from a mediated settlement?
If the parties are unable to make a joint decision in respect of the minor child where a joint decision is required, or any dispute arises between the parties in respect of any other major issues concerning the minor child’s welfare, such disputes shall be referred to a mediator for mediation in terms of the provisions set out below:-
In the event of the mediation being unsuccessful for whatsoever reason, either party may thereafter approach the Court for adjudication of the issue in dispute