Welcome!
What is mediation?
Mediation is the process by which a mediator assists the parties to resolve the dispute between them by facilitating discussions between the parties, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve the dispute (Draft Mediation Rules, RSA, 2014:2). It is a goal-directed process with a specific focus on dispute resolution (Moore, 2014:26).
Benefits of Mediation
MORE COST-EFFECTIVE THAN LITIGATION
EMPOWERS PARTIES
FACILITATES SELF-DETERMINATION
IMPROVES COMMUNICATION
RESOLVES CONFLICT/DISPUTES
GIVES PARTIES A VOICE
EDUCATIONAL
MUTUALLY SATISFACTORY OUTCOMES
CREATIVE PROBLEM SOLVING
RELATIONSHIP TRANSFORMATION
Transformative Mediation
What is Transformative Mediation?
“A process in which a third party works with parties in conflict to help them change the quality of their conflict interaction from negative and destructive to positive and constructive, as they discuss and explore various topics and possibilities for resolution” (Bush & Folger,1994:2)
Bush and Folger (1994) propose that mediation has the capacity to engender two important positive effects for people: empowerment and recognition. Empowerment and recognition are the focus of each intervention in transformative mediation (Bush & Folger,1994). When parties feel heard and understood, they become less defensive and argumentative and start to calm down. In turn they may start to regain their capacity to listen and understand the other person’s perspective.
Purpose Of Transformative Mediation
EMPOWERMENT
- Mediators creates opportunities for parties to make their own decisions and choices & supports them to do this
- Transformative mediation aims to support parties to regain their sense of clarity, control & capacity to be more decisive
RECOGNITION
- Recognition & validation is a human need
- Transformative mediation facilitates openness, attentiveness and empathy towards the other parties perspective
- Recognition is the capacity to move beyond self-centeredness towards a readiness to be open to others (Bush & Folger, 2005)
About Me
Dr Razia Nordien-Lagardien
Razia is a qualified Social Worker who obtained her BA(SW) degree at the University of Port Elizabeth (UPE) in 2001. She obtained her Clinical Masters in Social Work at Nelson Mandela Metropolitan University and graduated Cum Laude in 2003. The focus of her research in her Master’s studies was on Muslim women’s experiences of domestic violence.
Razia completed her DPhil (SW) in 2019 and the focus of her research was on mediation between unmarried parents. The outcome of her PhD was the development of guidelines for mediation in order to enhance the parental involvement of unmarried fathers. She has experience in family counselling, marriage counselling, mediation, trauma support and employee wellness. Currently Razia is a lecturer in the Department of Social Development Professions at Nelson Mandela University.
Her areas of expertise are couple therapy and interventions, mediation, mentoring, family care and childcare as well as child protection. Razia is passionate about mediation and is an accredited mediator who was trained on family and divorce mediation by the Social Justice Network in 2019.
My Vision
To provide an integrated and holistic approach to family mediation services that will support and strengthen families to create functional family relationships by facilitating healing and empowerment in mediation.
To implement a transformative approach to mediation that is culturally relevant, value-based, and relationally focussed with the aim of transforming dysfunctional relationships thus facilitating the transition to new roles after separation or conflict; encouraging healthy and more functional patterns of interaction between parties and creating opportunities for positive family transformation.
Enjoy These Helpful Resources
Please feel free to contact me if you need more information or assistance on using these resources.
The Need for Culturally Responsive Mediation Practices to Enhance the Process and Outcomes of mediation for Unmarried Fathers
TWO INSTANCES FOR MANDATORY MEDIATION ACCORDING TO THE CHILDREN’S ACT 38 OF 2005
- The Children’s Act 38 of 2005 further refers to mediation for dispute resolution on child matters.
- Mandatory mediation is required in the following scenario: in terms of Section 21(3a) of the Children’s Act 38 of 2005 disputes between a child’s unmarried biological parents as to whether the father meets the requirements for acquiring full parental responsibilities and rights in terms of the Children’s Act 38 of 2005,
- Must be referred for mediation to a Family Advocate, social worker, social service professional or other suitably qualified person.
Contents of parenting plans
(1) The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
(2) If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
(3) A parenting plan may determine any matter in connection with parental responsibilities and rights, including—
(a) where and with whom the child is to live;
(b) the maintenance of the child;
(c) contact between the child and—
(i) any of the parties; and
(ii) any other person; and
(d) the schooling and religious upbringing of the child.
(4) A parenting plan must comply with the best interests of the child standard as set out in section 7.
(5) In preparing a parenting plan as contemplated in subsection (2) the parties must seek—
(a) the assistance of a family advocate, social worker or psychologist; or
(b) mediation through a social worker or other suitably qualified person.
Contact Me
Please feel free to contact me if you need more information or if you have any questions regarding family mediation.
Email: tfmediation@gmail.com
Call: 064 591 2046
Have questions? Feel free to reach out to me by filling in this form and I will get back to you as soon as possible.