Recent legislation passed by the South African Parliament has sharpened attention on the importance of mediation in the process of divorce. Without the understanding and cooperation of the legal profession, and of attorneys in particular, there appears to be small chance that this will be adequately recognised and brought to fruition. The research reported in this dissertation reflects the results of an investigation of Cape Town attorneys working in the field of divorce. Their attitudes to and knowledge of the concept of divorce mediation are reported, and the prospects of collaboration between a social work agency and the legal profession in divorce mediation have been analysed. It is clear that some collaboration is achievable between the social work and legal professions in this area. A methodology has been developed and validated that is generally applicable, and which could also be used for investigation of other professional groups. / Social Work / M.A. (Social Work)

No abstract provided. / Thesis (LL.M.)-University of KwaZulu-Natal, 2011.

Recent legislation passed by the South African Parliament has sharpened attention on the importance of mediation in the process of divorce. Without the understanding and cooperation of the legal profession, and of attorneys in particular, there appears to be small chance that this will be adequately recognised and brought to fruition. The research reported in this dissertation reflects the results of an investigation of Cape Town attorneys working in the field of divorce. Their attitudes to and knowledge of the concept of divorce mediation are reported, and the prospects of collaboration between a social work agency and the legal profession in divorce mediation have been analysed. It is clear that some collaboration is achievable between the social work and legal professions in this area. A methodology has been developed and validated that is generally applicable, and which could also be used for investigation of other professional groups. / Social Work / M.A. (Social Work)

The development of private divorce mediation appears to offer a friendly and informal alternative to the "hostile" adversarial divorce. A close analysis of its claims, however, shows them to be largely unproven. Urgent attention should therefore be given to the philosophical base of the movement. There is also a need for empirical research and for standardised training. Further unanswered questions relate to the part to be played by different professions, and to professional ethics. It is submitted that the appointment of Family Advocates is a step in the right direction but that the establishment of a full Family Court will best protect children's interests.

Text in English / Philosophy, Practical & Systematic Theology / M.Th. (Practical Theology, with specialisation in Pastoral Therapy)

Text in English / Philosophy, Practical and Systematic Theology / M.Th. (Practical Theology, with specialisation in Pastoral Therapy)

M.A. (Social Work) / Divorce mediation is at this stage accessible mainly to those people married in terms of " the common law. One of the main reasons for this is that social workers lack the knowledge and skills needed to mediate custody during the dissolution of the customary marriage. This explorative-descriptive study aims to develop guidelines for social workers that can be used in resolving custody disputes between parties married in terms of the customary law. A qualitative approach using an inductive strategy was followed to achieve this aim. The research question was formulated as "what guidelines do social workers need to mediate custody during the dissolution of the customary memeqe": A literature review, focusing on the customary marriage and the dissolution of the customary marriage as well as the structure and process of divorce mediation, was firstly undertaken. Secondly a questionnaire was drawn up as part of the pre-test and completed by eight social workers working as family counsellors at the different Offices of the Family Advocate in the Republic of South Africa. The aim of this pre-test was to determine whether social workers are familiar 'with mediating custody during the dissolution of the customary marriage as well as to assess their needs in terms of knowledge and skills pertaining to the research problem. From the results of the pre-test as well as the literature study an unstructured interview schedule was compiled and used to guide a focus group interview with four respondents familiar with the principles of the customary union and the dissolution of the customary union. The purpose of the focus group interview was to identify guidelines social workers can use when mediating custody during the dissolution of the customary union. After having compared the results of the focus group interview with the relevant literature certain conclusions were drawn and recommendations made. In conclusion to this study guidelines were designed to be used by social workers when mediation custody during the dissolution of the customary marriage.

This study focused on the experiences of professionals in drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context. The primary aim of the study was to explore the participants’ personal and professional experiences through an in-depth and sensitive inquiry. The data was collected from five participants using face-to-face, semi-structured interviews. The interviews were analysed using thematic analysis. The results of this study indicate that professionals experience various challenges when working with high-conflict separating and divorcing families. The participants also shared their perceptions regarding parenting plans. Further research on the challenges specific to drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context is recommended / Psychology / M.A. (Clinical Psychology)

This study focused on the experiences of professionals in drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context. The primary aim of the study was to explore the participants’ personal and professional experiences through an in-depth and sensitive inquiry. The data was collected from five participants using face-to-face, semi-structured interviews. The interviews were analysed using thematic analysis. The results of this study indicate that professionals experience various challenges when working with high-conflict separating and divorcing families. The participants also shared their perceptions regarding parenting plans. Further research on the challenges specific to drafting and implementing parenting plans with high-conflict separating and divorcing families in the South African context is recommended / Psychology / M.A. (Clinical Psychology)

Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated. / Psychology / Ph. D. (Psychology)