In a 2015 SABC News interview, Hugh Raichlin discussed communication, the pressures contributing to relationship breakdown and the role of mediation in divorce (A closer look at South Africa's high divorce rate: Hugh Raichlin, SABC News). The figures in that older broadcast are historical and are not relied on here as current statistics; the interview is cited for context only. Neither SABC News nor any other publisher endorses Hugh Raichlin Attorneys.
When mediation may be suitable
Mediation may suit a divorce where both spouses are willing to discuss the terms, the outstanding issues are practical rather than irreconcilable in principle, and the parties can participate safely and without coercion. It can help structure discussion of parenting, maintenance, the division of assets and the steps to implement a settlement. Whether it is appropriate turns on the dispute, the participants and the safeguards - not on a general expectation that every divorce must be mediated.
Screening and safeguarding
Suitability is assessed before any joint session. Coercion, domestic violence, a severe power imbalance or an inability to access necessary information can make a joint process unsuitable or unsafe. Mediation is not a substitute for immediate safety measures or for appropriate court relief where protection is needed. A safety concern should be disclosed at the outset so the right process - and, where relevant, protective court steps - can be considered rather than a facilitated discussion that may place a party at risk.
The mediator's neutral role is not representation
A mediator facilitates discussion and does not act as either spouse's attorney, does not decide the dispute and does not grant a divorce - only a court decree can end a marriage. Each participant may need independent legal advice on their own position and on any proposed terms before committing. Where Hugh Raichlin Attorneys already represents a participant in a matter, the role and any conflict must be addressed before a neutral mediation appointment can be considered; the firm does not act as mediator for a party it already represents. An initial enquiry to the firm is a suitability and conflict discussion, not a free mediation session or confirmation that a neutral appointment has been accepted.
Preparation for children, finances and business interests
Preparation makes a mediated discussion more useful and protects against agreements that cannot be implemented. For parenting, the child's practical needs and existing arrangements should inform the discussion. For finances, the relevant records should be assembled - not assumptions about what a court will do. Where a business, trust or several properties are involved, the ownership rights, entity records and any restrictions affect what a settlement can actually achieve; those issues may require coordinated family, commercial and property-law consideration rather than a single generic discussion.
| What to prepare | Why it helps |
|---|---|
| The issues you hope to resolve and the participants | Focuses the session on the actual decisions rather than the whole history. |
| Existing agreements, court orders or served papers | Shows what is already in place and what a mediation would change or add. |
| Financial summaries and parenting proposals | Lets the discussion turn on records rather than recollection. |
| Business, trust or ownership records and restrictions | Reveals whether a proposed term can be implemented or depends on a third party. |
| Any safety, coercion, access-to-information or accessibility concern | Surfaces whether a joint process is suitable before one is arranged. |
| Current court dates or other deadlines | Identifies what procedure, if any, already governs the matter. |
Recording partial agreements and leaving issues outstanding
Mediation can resolve some issues while leaving others contested. Where agreement is reached, the terms need clear recording and independent advice about implementation - an agreement reached in mediation does not itself dissolve a marriage or bind a third party such as a bank, a fund administrator or a shareholders' agreement counterpart. Unresolved issues may still need further negotiation, independent advice or court steps. Partial agreement can narrow the dispute; it is not failure. A mediator does not guarantee a full settlement, and confidentiality in mediation is not absolute in every respect - a party should understand what the agreed terms do and do not cover before relying on them.
Three different processes that are not interchangeable
A common confusion is treating several distinct processes as one. Private family-divorce mediation is a voluntary, separately arranged neutral appointment chosen by the parties, not imposed by a court timetable. Uniform Rule 41A provides a mechanism to suggest or consider mediation within existing litigation; it is a procedural notice, not a requirement that every dispute be mediated. The Gauteng Division mediation directive is a separate court practice direction concerning the civil trial roll. Its re-publication includes the amendments effected on 27 October 2025 (not only the original 22 April 2025 directive) and expressly states that it applies only to civil trials - it should not be presented as a rule requiring every divorce to be mediated before filing. A general webpage does not determine what a particular matter requires; court directions can change, and any detailed procedural step should be verified against the current directive and the actual case-management directions.
When court orders or procedure remain necessary
A mediated settlement is not a divorce. Ending the marriage requires a court decree, and issues mediation does not resolve may still require adjudication. Where interim protection, contribution to costs or enforcement of a term is needed, the relevant court procedure - not the mediation - governs. A matter can move between mediation and litigation, and an agreement reached in mediation may still need to be formalised and made an order of court.
Frequently asked questions
Can a mediator grant our divorce?
No. A divorce requires a court decree. Mediation may help resolve issues to be addressed in the divorce proceedings.
Does every divorce in Gauteng require mediation before I file?
No. The Gauteng directive applies to civil trials and is not a rule that every divorce must be mediated before filing. Rule 41A is a separate procedural notice; the directive and the rule are not interchangeable.
Can the same lawyer mediate between us and represent me?
Do not assume so. A neutral mediator does not act as either spouse's attorney. If the firm already represents a participant, the role and any conflict must be addressed before a neutral appointment can be considered.
What happens if mediation resolves some issues but not others?
The resolved terms can be recorded and the outstanding issues may still need advice, negotiation or court steps. Partial agreement can narrow a dispute; it does not end the marriage or oblige any third party.
Where to read more and how to begin
This article is preparation guidance and does not replace advice on your matter. The existing HRA pages address the connected issues in more detail:
- Divorce & Family Mediation - the neutral role, suitability and preparation.
- Court-Linked Mediation for Gauteng Civil Trials - the Gauteng directive's scope and the Rule 41A distinction.
- Divorce Lawyers in Johannesburg - divorce advice and representation.
- Divorce Settlement Agreement Lawyers - drafting clear, implementable terms.
- Divorce & Business Interests - the connected company, trust and property questions.
- Hugh Raichlin - the SABC interview is viewable on Hugh's profile.
To begin, a brief enquiry is enough: tell the firm the stage of the matter, the issues, any safety concerns and the decision you need to make. Hugh Raichlin Attorneys practises from Norwood, Johannesburg (not a Sandton or Bedfordview branch). Send sensitive documents only when the firm requests them through an appropriate channel.
Sources
- Re-publication of the Directive Introducing Mandatory Mediation in the Gauteng Division and the Protocol thereto (Including the amendments effected on 27 October 2025) - Acting Judge President A P Ledwaba, Gauteng Division of the High Court; effective 22 April 2025; last amendment 27 October 2025; expressly states the Directive applies only to civil trials (para 9).
- Uniform Rules of Court - Rule 41A (mediation notice) and Rule 43 (interim divorce relief), High Court of South Africa.
- A closer look at South Africa's high divorce rate: Hugh Raichlin - SABC News, YouTube (2015; historical interview cited for context only; figures not relied on as current statistics).