• Discussion of current legislation and the recommendations of the SA Law Reform Commission regarding mediation
• What gets mediated in a maintenance matter?
• Discussion of a typical mediation process and that to expect
• Explanation of possible desired outcomes of mediation
• Negotiation process used in maintenance mediation
• General family law mediation discussion with an emphasis on new maintenance applications, defaulting or arrear respondents mediation and the intersection with domestic violence
• Discussion on the qualification of private mediators and maintenance officers
• Benefits of mediating maintenance matters vs litigation

This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

• Pre-reading material on mediations and maintenance

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• Handout – How to conduct a mediation in maintenance enquiries?

• Slides – How to conduct a mediation in maintenance enquiries?

 

Relevant articles or theses dealing with mediation:

• Article – A pragmatic look at mediation as an alternative to divorce litigation

• Article – Attacking trusts upon divorce and in maintenance matters

• Article – Mediation the necessity of incorporating cultural values

• Thesis – A comparative analysis of community mediation

• Thesis – A legal discussion of the development of family law in SA

• Thesis – Mandatory mediation as a dispute resolution mechanism

• Thesis – The role of court-based mediation in the resolution of disputes

• Thesis – The role of mandatory mediation in the transformation in the SA

 

Lunch and Learn is a social responsibility project overseen by Oppermans Inc, a family law practice with more than 24 years of experience. The weekly webinars are provided free of charge, aimed at creating awareness on child maintenance. This webinar was pre-recorded at the end of 2023, and the information contained therein was (and still is) correct at the time of recording—the Maintenance Act or Rules has not been amended or changed since. Discussions of relevant case law dealing with specific maintenance issues are found under the “free resource library” tab on the home page.

Affidavits referred to, or templates provided, are mere examples that could be used and should be customized to your specific matter. These documents, such as affidavits cannot be considered “outdated.” The additional speakers on some of these webinars were invited guest speakers who have participated out of their free will and have no affiliation or association with Lunch and Learn.

The details contained in these webinars are for educational and informative purposes only and do not constitute legal advice. You are strongly advised to consult with an experienced legal practitioner for advice on your specific maintenance matter.