1. Initial Contact
   One or both parties contact the mediator to request a consultation and explain the nature of the dispute.
2. Consultation
   The mediator explains the mediation process, discusses the issues involved, and determines whether mediation is appropriate for the situation.
3. Agreement to Mediate
   Both parties agree to participate in mediation voluntarily and commit to working toward resolving the dispute.
4. Identifying the Issues
   During the first session, each party explains their concerns and the mediator helps identify the key issues that need to be resolved.
5. Discussion and Negotiation
   The mediator guides the discussion, allowing both parties to express their views and explore possible solutions in a respectful and structured way.
6. Private Sessions (if necessary)
   The mediator may meet with each party separately to discuss sensitive matters and help move the negotiations forward.
7. Reaching an Agreement
   If the parties reach an understanding, the mediator records the terms of the agreement in writing.
8. Finalising the Agreement
   The written agreement can be signed by both parties and may be made legally binding if it is registered or made an order of court.

Mediation itself is not automatically legally binding, because the mediator does not make decisions or impose outcomes on the parties. Instead, the mediator helps the parties discuss their issues and reach their own agreement.

However, once the parties reach an agreement during mediation, the mediator can record the terms in writing, often in the form of a settlement agreement or parenting plan. When both parties sign this agreement, it becomes a valid contract between them.

In South Africa, mediation agreements can also be made legally binding by having them made an order of court. In matters involving children, a parenting plan may also be registered with the Office of the Family Advocate under the Children’s Act 38 of 2005. Once the agreement is made an order of court or properly registered, it becomes legally binding and enforceable.

Yes. Children can be involved in the mediation process in South Africa when the dispute directly affects them, such as matters relating to care, contact, schooling, or parenting arrangements. However, their participation must always be handled carefully to protect their emotional wellbeing. The law recognises that children have the right to express their views in matters that affect them, but this must be appropriate to their age, maturity, and level of development.

The main legal framework is the Children’s Act 38 of 2005. Section 10 provides that a child who is of sufficient age and maturity has the right to participate in matters concerning them and their views must be given due consideration. Section 31 further requires parents to consider the child’s views when making major decisions affecting them. In addition, Section 33 encourages parents to create parenting plans, often through mediation, while Sections 70–71 allow courts or the Office of the Family Advocate to refer disputes for mediation.

Children are usually not placed directly in mediation sessions with their parents. Instead, their views are often gathered in child-inclusive ways, such as through interviews with psychologists or social workers, through the Family Advocate, or through a trained mediator who communicates the child’s views to the parents. This ensures that the child’s voice is heard without exposing them to parental conflict.

South African courts have also emphasised the importance of considering children’s views. In V.D.S v W.M the court highlighted that children’s wishes must be taken into account when determining parenting arrangements. In Centre for Child Law v T S and Others the court reaffirmed that the best interests of the child are paramount in all matters concerning children.

The costs associated with mediation mainly relate to the professional services provided during the mediation process, but it is generally far more affordable than going through a court case with attorneys. In family disputes in South Africa, mediation often costs only a fraction of litigation expenses, sometimes saving parties more than 70% of the legal costs that would normally arise in court proceedings.

Types of costs you can expect in mediation include:

• Mediator’s professional fees – payment for the mediator’s time facilitating the sessions and guiding the discussions.
• Preparation and administrative time – time spent reviewing documents, arranging sessions, and communicating with the parties.
• Drafting of agreements – preparing documents such as settlement agreements or parenting plans after the parties reach an understanding.
• Possible venue or meeting costs – if a professional meeting space is used for mediation sessions. Legal advice (optional) – parties may choose to consult attorneys before or after mediation to review the agreement.
  
  

Why mediation is more cost-effective
Unlike litigation, mediation usually involves one neutral mediator rather than two attorneys and possibly advocates, which significantly reduces professional fees. It also avoids repeated court appearances, lengthy preparation, and other legal expenses that often accumulate during court proceedings. Because mediation is usually completed in a small number of sessions, it saves both time and money while allowing the parties to reach practical solutions together rather than paying for a prolonged legal battle.

To start mediation, one or both parties contact a mediator to request a consultation. During this initial meeting, the mediator explains the mediation process, listens to the concerns of the parties, and identifies the issues that need to be resolved. If both parties agree to proceed, mediation sessions are scheduled where the mediator helps guide discussions and work toward a mutual agreement. In South Africa, mediation is often encouraged in family disputes, particularly those involving children under the Children’s Act 38 of 2005.