Facilitation was developed to reduce post divorce/separation litigation. It offers parents a forum to discuss disputes regarding their children or maintenance after they have been divorced or separated. Facilitators are usually appointed in terms of a Court Order and are mandated to resolve disputes that arise post divorce/separation.
Facilitators are authorised to issue directives that are binding on both parents. These directives can only be varied by a Court of competent jurisdiction or by agreement between the parents. Facilitators are required to attempt to settle disputes by way of mediation before issuing a directive. Facilitators are also authorised to speak to all relevant parties including the children and in some instances, it may be necessary for a facilitator to appoint an expert to complete an assessment.
Facilitators cannot issue directives around relocation outside the borders of South Africa.
Facilitators frequently deal with disputes regarding contact and holiday arrangements, choice of schooling or any other aspect of the children’s lives where the parents need to make joint decisions. Some Court orders also mandate the facilitator to resolve disputes around maintenance. Facilitators, like mediators, are trained by FAMAC.