Family Mediation Case Study

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This study focuses on the social workers’ use of family mediation in Port Elizabeth. A social worker, who is a family mediator, assists divorcing couples to have an amicable separation. However, divorcing couples are unaware of mediation preferring an adversary litigated divorce.
1 Background of the study
The majority of divorcing parents cannot resolve custody disputes because they fail to resolve interpersonal conflicts (Burke, McIntosh & Gridley, 2009; Amato, 2000; Cawood, 2010). In fact, the divorce process has a series of partially predictable events and emotions exhibited over some time (Emery, 2014). As a result, family-related disputes are best resolved through mediation before resorting to litigation (SALRC, 2016; Barsky, 2016).
Mediation is whereby a detached third party helps the disputants to reach a bearable agreement on their differences (Moore, 2003). Family mediation involves resolving disputes between the divorcing couple through an informal negotiation (Benjamin & Irving …show more content…

According to Bardine, Holtz, Medoway and Srinivasa (2010:5), the end of apartheid in 1994 foreshadowed many changes in the divorce law in South Africa. Legal reforms brought about the recognition of customary marriages, which represented 32 percent of all marriages that were not recognised under apartheid. Similarly, apartheid had loopholes in addressing divorces between the indigenous people. Divorces were resolved through cultural and customary norms which demoted women’s rights and dignity. Furthermore, Bardine et al. (2010:7) stated that the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) was implemented in the year 2000 to protect women by recognising customary marriages and divorce practices and introduced them into the mainstream legal system. These changes in the divorce law meant that “couples were more willing, ready and able to divorce” (Harkonen,

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