Mediation is an important dispute resolution mechanism, also known as an Alternative Dispute Resolution. It encompasses innovative modes of dispute resolution with traditional litigation. The mediator is expected to first explore together with the spouses the possibility of reconciliation.

Family mediation shall be the first process the spouses need to perform prior to proceeding with any changes to the matrimonial regime in place.

The process adopted in mediation is not cumbersome and is initiated by filing a request at the Family Court. Mediation sessions are presided upon by a mediator, whereby the principle role of the mediator is to facilitate communication between the parties in conflict with a view to helping them reach a voluntary resolution to their dispute that is timely, fair and cost-effective. The mediator chairs the meetings and regulates the proceedings but does not have the remit to impose solutions or decisions and neither has the power to force a settlement. A solution should be reached by agreement between the parties concerned.
Mediation proceedings are supposed to be concluded in the shortest time possible. However, in the case that the parties do not reach an agreement between them throughout these proceedings, the only other alternative to resolve matters is to refer the matter for the Court to decide.