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Family Mediation Services in South Africa

Every family dispute that would otherwise go to court.

A private, structured alternative to litigation for separating families — the route the Children's Act — official text, Department of Justice (opens in a new tab) itself encourages parents to attempt before approaching a court. Attorney-led, NABFAM-accredited, and conducted with the discretion families of substance expect.

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When family mediation applies

Every family dispute that would otherwise go to court.

From the first separation conversation to the last question about a trust, the same room and the same standard.

  1. Divorce mediation — including where a family business, trust or offshore structure forms part of the estate

  2. Care and contact disputes, and the drafting of parenting plans

  3. Maintenance mediation for spouses and children

  4. Division of the matrimonial estate and accrual claims

  5. Family trust, curatorship and inheritance disagreements

  6. Second-marriage and blended-family arrangements

Why families choose mediation

The details of a family's life do not belong on a court roll.

  • 01

    Confidential

    Unlike a contested divorce trial, the details of the dispute, the parties and the settlement do not become part of the public record.

  • 02

    Protecting children

    Mediation removes the adversarial pressure of litigation from the household and keeps children out of the conflict, not in the middle of it.

  • 03

    Preserving relationships

    Co-parents remain co-parents; families remain families. The process is built around the relationships that continue after the dispute ends.

  • 04

    Speed and control

    Parties decide the outcome themselves, in weeks rather than years, instead of ceding it to a court.

How a family mediation unfolds

Four stages, from first call to court-recognised agreement.

Both parties may be represented by their own attorneys throughout; many are.

  1. Pre-mediation and onboarding

    A confidential intake with each party, the agreement to mediate, and preparation for the first joint session.

  2. Appointment of a neutral mediator

    A NABFAM-accredited mediator from our panel is appointed by agreement, matched to the matter.

  3. Structured mediation sessions

    Joint and private sessions, in person or virtually, working through parenting, finances and property in a deliberate order.

  4. Parenting plan and settlement

    Agreements are drafted for registration with the Family Advocate or to be made an order of court, so they hold.

Family mediation and the law

Encouraged by the Children's Act. Recognised by the court.

The Children's Act — official text, Department of Justice (opens in a new tab) encourages parents to attempt mediation before approaching a court over a parenting dispute, and a parenting plan agreed in mediation may be registered with the Family Advocate or made an order of court.

In divorce proceedings before the High Court, Rule 41A requires the parties to state their position on mediation at the outset. A settlement reached in mediation is drafted to be incorporated in the decree of divorce.

Our mediators are admitted attorneys and NABFAM-accredited family mediators, so the agreement you leave with is one your own attorney can take straight to court.

Frequently asked

Questions families ask before their first session.

  • Is family mediation confidential?

    Yes. Mediation is conducted on a without-prejudice basis under a written agreement to mediate. What is said in the room cannot be used in later litigation, and nothing enters the public record.

  • Do we have to mediate before going to court?

    The Children's Act encourages parents to attempt mediation before litigating a parenting dispute, and in the High Court Rule 41A requires both parties to declare their position on mediation. In practice, courts expect a serious attempt.

  • Can a family business or trust be dealt with in mediation?

    Yes. These are the matters mediation handles best: we bring in valuers, accountants and trust specialists under the same duty of confidence, and the structures stay intact rather than being unpicked in open court.

  • Is a mediated agreement enforceable?

    A parenting plan can be registered with the Family Advocate or made an order of court, and a settlement agreement can be incorporated in the divorce order. Once made an order, it is enforceable like any other.

  • How long does it take?

    Most family mediations conclude in two to four sessions over a matter of weeks. Complex estates take longer; contested litigation takes years.

  • Do I need my own attorney?

    You are welcome to be represented, and we encourage independent legal advice before signing any agreement. We are the mediators — we do not act for either party.

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Begin discreetly

A private conversation before anything else.

Tell us, in confidence, what you are facing. We will tell you plainly whether mediation is the right route — and if it is not, who to speak to instead.

Malan Vermeulen Incorporated (MV Inc.)
Ground Floor, Quadrum 3, 50 Constantia Boulevard,
Floracliffe, Johannesburg, 1709, South Africa
010 980 5160 · [email protected]

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    Enquiries are privileged and without prejudice. No obligation.