Psychological Assessments in Mediation : Attorneys & Psychologists SA

Ivan Veenemans
Oct 15
3 min read

In family disputes, psychological assessments help mediators and attorneys in Durban or attorneys in Cape Town understand each parent’s capacity to care for their child. These assessments, usually done by a psychologist in Johannesburg or psychologist in Durban, explore the child’s emotional needs, parental behaviour, and family relationships.They’re especially valuable when parents disagree about custody or contact, giving legal teams an expert, child-focused perspective to guide fair decisions.

Why Do Attorneys Need Psychological Insights?

Assessments give family lawyers in South Africa a clearer picture of what’s best for the child — beyond what court affidavits or statements can show.Key benefits include:

Objective evidence of a child’s emotional wellbeing
Early identification of trauma, anxiety, or parental conflict
Guidance for mediation, ensuring parenting plans are realistic and protective

Attorneys who collaborate with trusted psychologists in Cape Town or psychologists in Johannesburg can present more balanced, child-centred arguments that align with the Children’s Act 38 of 2005.

How Do Psychologists and Attorneys Work Together?

The process is collaborative.

The psychologist conducts interviews, observations, and sometimes standardised tests to assess emotional and developmental factors.
The attorney interprets the report’s findings legally — ensuring recommendations fit South African law and the mediation framework.
Both professionals uphold confidentiality and fairness.

Good communication between the attorney in Durban and psychologist Johannesburg helps avoid misinterpretation of findings and keeps the focus on the child’s best interests.

When Should a Psychological Assessment Be Requested?

An assessment is usually recommended when:

Parents provide conflicting information about the child’s needs
There are concerns of emotional neglect, alienation, or manipulation
Mediation has stalled because of unclear family dynamics

Attorneys should ensure that only qualified and registered psychologists conduct these assessments — ideally those with experience in family mediation South Africa.

How Can Attorneys Use These Findings Ethically?

Psychological reports must be handled with care. Attorneys should:

Use the findings to inform mediation, not inflame disputes
Respect confidentiality clauses
Present recommendations objectively — not as “evidence” to win, but as insight to protect the child

Done correctly, these assessments strengthen both legal and emotional outcomes in mediation.

Why Ongoing Collaboration Matters

When attorneys in Cape Town and psychologists in Durban collaborate with mediators and social workers, families receive holistic guidance — legal, emotional, and practical. This teamwork ensures parenting plans are not only enforceable but truly beneficial for children’s wellbeing.

Visit Mediation Academy SA to explore accredited family mediation training for attorneys, psychologists, and social workers across South Africa.

Frequently Asked Questions (FAQ)

1. Who conducts psychological assessments in mediation?

Registered psychologists in Johannesburg or psychologists in Cape Town with family or clinical experience.

2. Can an attorney request an assessment?

Yes, usually when emotional or behavioural issues may affect parenting arrangements.

3. Are assessments confidential?

Yes. Reports are shared only with consent and within mediation confidentiality agreements.

4. How long do assessments take?

Most last between one to three sessions, depending on family complexity.

5. Are assessments used in court?

If mediation fails, attorneys may summarise findings, but detailed reports remain confidential unless court-ordered.

Published by: Mediation Academy SA

Date Published: 16 October 2025

References

Republic of South Africa (2005). Children’s Act 38 of 2005. Pretoria: Government Gazette.

NABFAM (2025). Guidelines for Family Mediation Practice in South Africa.

Boniface, A. (2018). “A humanistic approach to divorce and family mediation in the South African context.” African Journal on Conflict Resolution, 18(2), 112–134.