Thursday 15 December 2016

How to Prepare your Kids for Divorce

When you and your partner have decided it’s time to split up, one of the hardest conversations you’ll have to have is with your children.

You may feel anxiety, guilt, fear and shame, after all your children did nothing to deserve this.

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How do you tell your child that their whole world is about to change, and how do you make them see that it is not their fault?

There are six key messages that are essential for every child to hear, understand and absorb. By sharing and repeating these six points to your children in the weeks and months following the initial conversation, you will enable them to better handle, accept and even embrace the challenges and changes they will soon be facing.

Here are the six must-tell messages for your children:

      1.       This is not your fault
      2.       We will always be your parents no matter what happens
      3.       You are safe, and you will continue to be safe
      4.       This is about making a change, not about blaming each other
      5.       In the end, everything will work out fine
      6.       Mom and dad will always love you!

If you feel that divorce is the right path for you to take then consider mediation. Mediation is the art of finding a middle ground solution to seemingly unfathomable problems. It is used in contractual and divorce disputes among others - Contact Cape Mediators today!


The Top Ten Rules for Mediation Success

Related imageMediation is an alternative way to solve disputes, such as non-criminal cases. Divorce, lease disputes, child custody and labour disputes can all be solved through mediation.

When a mediation is successful, both parties involved will work together to find common ground and come to an agreement, with the help of a neutral mediator.

So what are the keys to keeping your mediation on the path toward a fair and agreeable resolution? Here are ten rules to follow. 

Rule 1 – All parties must participate in making decisions

Rule 2 – Important documents and papers must be physically present

Rule 3 – Be right, but only to a certain point

Rule 4 – Build a deal

Rule 5 – Treat both parties with respect

Rule 6 – Be persuasive

Rule 7 – Focus on interests

Rule 8 – Be a problem solver

Rule 9 – Work past any anger

Rule 10 – Always be patient

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Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators today mike@capemediators.co.za or give us a call on 082 422 3324

Wednesday 7 December 2016

What Mediators Do and Don’t Do

When normal strategies aren’t helping you fix your problem, the best idea is to turn to mediation.  Mediation is a cheap, personal way of solving conflicts in a civilised manner.

Here’s what mediators do and don’t do:

What Mediators Do...

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Mediators play a neutral role as they try to resolve a conflict you are involved in. Their job is to just assist you to understand, not to take sides! Mediators will lay down ground rules, ask questions, help you find the issues and encourage everyone to brainstorm solutions.

What Mediators Don’t Do...

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Mediators do not make the decisions for you or the other person involved in the dispute. They will keep everything confidential and never speak to others about your mediation, unless you give them permission. A mediator will avoid picking sides or choosing you is right or wrong, and there is no point in you trying to persuade the mediator to pick your side.


Do you want to refer a dispute? Cape Mediators can help you out! Visit the website here, or contact them today - mike@capemediators.co.za

Wednesday 23 November 2016

When is the Best Time for Mediation?

When is the best time for you to attend mediation? Well, there is no specific time, but there are a variety of factors that affect whether or not the two people can reach an agreement.

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Some of these factors include – your emotional state, gathering of information and costs.

Emotions

When the matter concerns divorce or children, people may experience a lot of emotions. Emotions can mess with rational thinking, judgements and cause one or both people involved in the mediation to not be able to come to an agreement.

When you decide you need the help of a mediator, always think about your emotions first.

As hard as it may be to consider the other person involved, you also have to consider their emotional state, because you can’t reach an agreement in mediation by yourself.

Information & Documents

When trying to reach an agreement, outside information is also needed. Some of the information and documents may include: bank statements, receipts, pay checks and even tax returns. Agreements and negotiations will go a lot smoother if you have the needed information at hand.

Always take some time before you schedule your mediation session to think about the information and documents you need and if it will benefit your mediation process.

Costs

The sooner you decide to use mediation, the less money you will waste on attorney’s fees and court costs.

If you attend more than one session, an early mediation can reduce the number of issues that need to be agreed on and the amount of information and documents that need to be obtained.

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Remember, there is no set time you must mediate, but consider emotions, the gathering of outside information, and the costs of litigation when you are planning to mediate.

If you are ready to schedule mediation, do not hesitate to contact Cape Mediators today!

Tuesday 8 November 2016

Using Mediation for Landlord-Tenant Disputes

If negotiation seems like a waste of time, or you've tried talking with your landlord and just can't resolve a problem, consider enlisting the help of a neutral third-party mediator. Even if your landlord won’t speak to you on the phone, a skilled and experienced mediator may get him to the table. 
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A lot of the time people confuse mediation with arbitration. While both are no judicial ways to solve disputes, there’s a huge difference between them:

Arbitration, like a lawsuit, results in a binding decision handed down by the arbitrator, who’s like a judge.

Mediators, by contrast, have no power to impose a decision. Their job is simply to help the parties work out a mutually acceptable solution to their dispute. Put another way, if you and your landlord don’t agree on a solution, there is no solution. However, if both sides desire to craft a resolution that both want to be binding, they can do so.

Mediation can make especially good sense if:

** Your landlord doesn’t realize what a poor job the resident manager or management company has been doing, and you want the opportunity to bring this up.

** You are dealing with a good or at least halfway decent landlord, and you think there’s hope for resolution.

** You think the landlord is savvy enough to want to avoid a protracted court battle.

Many people are surprised to learn that mediation really does work. One big reason is the cooperative spirit that emerges.

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By agreeing to mediate a dispute in the first place, you and the landlord implicitly agree to solve your own problems. Also, the fact that no judge or arbitrator has the power to impose what may be an unacceptable solution reduces fear and defensiveness on both sides. This, in turn, often means both landlord and tenant take less extreme—and more conciliatory—positions!

Looking for the assistance of a experienced, professional mediator in the Cape Town area? Contact Cape Mediators today! Call 082 422 3324 or pop us an email on mike@capemediators.co.za

Thursday 3 November 2016

Why Couples Are Choosing Mediation in Divorce Cases

Divorces are stressful and can cause also sorts of emotional and physical problems ranging from headaches, anxiety, depression, panic attacks, disruption of sleep patterns, psychosomatic illnesses, back aches and other ailments.

The finality and realization that a marriage is over hits everyone differently and everyone reacts to divorce in their own way.  Experts compare divorce to a death and the bereavement stages of anger, fear, loss, sadness and healing that accompany death.  Even if you are the one who initiates the divorce, you still may have unresolved emotional issues about ending the marriage that surface during the divorce negotiations or later.

Anger and disappointment are common feelings that may arise during divorce negotiations. In fact, many times the parties have a hard time communicating with each other about settling divorce issues such as division of property, child custody, visitation and spousal and child support issues.

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Besides seeking the support of family, friends and profession advice, a number of couples are opting for divorce mediation to resolve their divorce issues in order to avoid the stress of a costly and lengthy divorce trial.


Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators at mike@capemediators.co.za or give us a call on 082 422 3324!

Thursday 27 October 2016

What Kinds of Cases Can Be Mediated?

Mediation is available in most non-criminal matters. However, some non-violent criminal cases, like those involving verbal harassment, often result in a successful resolution during mediation. Claims that do not involve a legal issue are also good candidates for mediation. For example, a dispute with a neighbour over an encroaching bush or the brightness of their outdoor lights is hardly the type of claim that merits a lawsuit. In this type of situation, it may be wise to seek mediation to end the conflict.

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Mediation cases often involve conflict arising in divorce and child custody issues and in disputes between family members, neighbours, business partners, landlords and tenants, and labour unions and management. 

Advantages of Mediation

In some situations, mediation may be preferable to filing a lawsuit. Mediation provides the following advantages:

Confidentiality. There are a few exceptions, but what the parties say during mediation is confidential and not subject to the future use in a lawsuit. Court cases, on the other hand, are matters of public record.

Costs less than a lawsuit. Mediation cases cost substantially less than court costs and attorney fees.

Faster resolution than going to court. Lawsuits may take years to result in a court ruling, but mediation can take as little as a few hours or a few sessions.

The parties decide. The parties in mediation, not a judge or jury, decide on the resolution.

The parties communicate directly. Rather than communicating through lawyers, the parties speak directly to each other.

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Do you want to refer a dispute? Cape Mediators can help you out - simply visit the website here...

Monday 24 October 2016

Tenant’s Rights: When to Hire a Mediator

Many issues tenants face are minor and can be easily resolved by common sense. Some issues, however, can seriously threaten your enjoyment of your rental -- or worse, your ability to stay in the rental at all. In these situations, getting a mediator's help may be the most effective, affordable way to protect your rights.

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Below is a guide to determining whether you need the help of a mediator or not. If you find yourself in one of the following situations, consider contacting Cape Mediators.

Your Landlord is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a mediator can help you to settle the disagreement in a civilized way. A seasoned, skilled mediator can come up with effective strategies or creative solutions that you might not be aware of.

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a mediator to step in and help you recover damages for any harm you suffered.

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to replace a broken window until a burglary occurs.

Consulting a mediator may be your best move. In addition, a mediator can attempt to communicate with the landlord for you, explore the possibility of a quick settlement, and sort the disagreement out in an appropriate manner.

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbourhood crime rate, a landlord might promise to install a more effective intercom system or an electronic, gated parking lot. If the landlord later refuses to honour the promise, you may need to sit down with a mediator.

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If you are in need of a mediator, choose one with expertise in landlord-tenant matters. Go straight to capemediators.co.za and contact them today!

Friday 21 October 2016

When to Divorce: 7 Signs You Need to Get Out

Divorce is a difficult decision to make, but sometimes it can be the only healthy option. If you think it might be time to end your marriage, there are various signs that you can look for to determine when to divorce.
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This guide will explain the basic signs that you need a divorce, helping you make an informed decision about when it’s time for divorce mediation.

1) Excessive Negative Interactions

Social psychologists have known for years that it’s not necessarily the severity of disagreements but the quantity that indicates the need for a divorce. The magic ratio in any happy relationship is five positive interactions for every one negative interaction. You know when to divorce partially by weighing your positive interactions against the negative ones. This advice contradicts the popular misconception that small arguments are insignificant as indicators of marital problems. If you find that you have significantly more negative interactions with your partner than positive interactions, it may be a sign that you need a divorce and should contact a mediator.

2) Argument Severity

Even the magic ratio has its limitations. The existence of more positive interactions than negative ones should not be taken as proof that you don’t need a divorce. Very severe and hurtful arguments are one of the most crucial signs to get a divorce. Many couples don’t know when to divorce and stay in unhealthy relationships because they rarely argue, ignoring the fact that those arguments are filled with hurtful or abusive behaviours. The severity of arguments can be an indication that you need a divorce, particularly if the arguments tend to devolve into personal insults rather than topical disagreement. Arguing about things is a normal part of any marriage, but it should not be a frequent occurrence, and you should never feel devalued by the other person during the argument.

3) Different Values

While people with different belief systems often manage to maintain successful marriages, those couples tend to do so by finding common ground in shared values. Knowing when to divorce revolves around knowing when you reach a point where your core values are so different from your partner’s that you will never be able to find common ground. For example, if one partner greatly values having a large family, while the other puts a higher value on achieving career success, it is likely that they will eventually need a divorce unless those values change. Sometimes knowing when to divorce requires looking toward the future and determining whether each person’s idea of what that future looks like is acceptable to the other. If your partner wants a future you could never be happy with, it may be a sign you need a divorce.

4) Marriage Counselling Isn’t Working

Marriage counselling is a great way to work on your problems and receive the invaluable input of an objective third party with training in dispute resolution. Numerous marriages are saved each year through marriage counselling, but both partners must be equally committed to the process for marriage counselling to work. If you have been involved in marriage counselling for at least several months with no signs of progress, that standstill can be a strong indicator of when to divorce. Knowing when to divorce requires first making an effort to fix the problems in the marriage so neither party has regrets.

5) Unfaithfulness

One of the most crucial indicators of when to divorce is if one or both partners have gone outside the marriage to pursue another relationship. While some couples manage to recover from the pain that an affair causes, others take it as validation that they need to end it. Even after a major issue such as an affair, knowing when to divorce is still largely a matter of timing. Marriage counselling can help you determine whether your marriage can survive an affair, or whether you should start thinking about when to divorce. Unfaithfulness destroys the trust in a relationship, so often marriage counselling is not enough to rebuild that trust, and a divorce becomes the only option.

6) Other Signs to Get a Divorce

It may seem strange, but many people consult a divorce attorney before they have made a decision about when to divorce. Some couples even talk to a mediator while they are pursuing marriage counselling. Your mediator has likely worked with hundreds of couples over the years and may be able to provide you with information on when to divorce and whether your situation can be solved with divorce or a separation. Your mediator may even recommend a temporary separation to give both parties some breathing room.

7) Emotional Exhaustion

Emotional exhaustion is often the final sign that you need a divorce. When you go through marriage counselling, apply all the techniques to your relationship, and you still feel drained, a divorce can be the only way to salvage your emotional health. When one or both parties check out of the relationship emotionally, it means that there is very little chance that you will be able to find a solution to your marital problems. Marriage requires a commitment from both parties, so one of the most reliable signs for when to divorce is when one or both partners have given up.


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Mediation is the art of finding a middle ground solution to seemingly unfathomable problems. It is used in contractual and divorce disputes among others - Contact Cape Mediators today!

Wednesday 19 October 2016

What are the Benefits of Mediation?

Apart from the obvious benefits of helping you to reach an agreement by yourselves, this is the most cost effective way of sorting out what happens when you split up. Some mediators are independent and they simply aim at making a meaningful difference in people’s lives, like Cape Mediators. They will have lower charging rates than lawyer mediators.

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Because you are involved in the discussions directly, and end up with an agreement, you know that the deal is one you can live with. You will have looked at all the options yourselves and you will know that what you have decided should have the best chance of working for you and your family.

With mediation, you are in the driving seat. The process empowers you – to gather the information about finances, for example, and to understand it; to discuss the options direct and to make decisions about them. A criticism of the legal process (particularly if courts are involved) is that decisions are made for you rather than by you – and those decisions are imposed on you.

You have to live with those decisions whether you like them or not.

Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators today!



Monday 17 October 2016

What does mediation involve?

These days there will rarely be a case that is not a suitable candidate for mediation or where the parties would decline to mediate.

Mediation involves the parties choosing their own process, which means that, although most mediation will follow a similar pattern, it can be infinitely flexible. It is a confidential process and "without prejudice", so it is an opportunity to have your say away from the public forum of a court room and in a way that allows you to express your opinion freely.

Mediation is generally presided over by a neutral person who assists the parties to work towards a negotiated settlement. That person is not a judge so they will not give an opinion on the matter but, done well, a good mediator can really test the parties' positions and assist settlement by highlighting strengths and weaknesses.

Image resultHowever, the decision to settle is made by the parties. They cannot be forced to settle and will only settle if the terms of that settlement have been agreed.

That is why it is always important to have someone empowered to make a final decision on settlement attending the mediation. There is nothing more frustrating than reaching a deal in principle but then having to adjourn because the decision has to be referred back to someone who is not present.

Mediation is a tried and tested way to resolve conflicts and disputes, including those which are complex and high value.


Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators today!

Thursday 13 October 2016

The ins and outs of family mediation

Due to recent changes in government thinking, family mediation is becoming the preferred method to resolve and prevent family disputes, especially where children are involved.  Agreements that have been freely negotiated can help restore communication, understanding and trust.

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- Family Mediation helps you resolve conflict and reach agreement on all issues surrounding separation, divorce or dissolution of civil partnership.

- It is a voluntary and confidential process which helps you reach joint decisions without the use of courts.

- It offers you a safe, neutral place where you and your ex-partner can meet with an impartial mediator to work out plans for the future.

- Mediators do not tell you what to do, but help you look at different options for sorting things out, so that you reach your own agreements about all aspects of your separation, divorce or dissolution, including arrangements for children, finances and property.

Who can use mediation?

- Mediation is open to anybody affected by family breakdown including separation, divorce and dissolution of civil partnership.

- It is mostly used by parents or couples who are experiencing difficulties agreeing arrangements, regardless of age, race, nationality, sexuality, orientation, mobility, faith and other such factors.

- Mediation is also available to other family members, such as grandparents, who may be having difficulties over contact arrangements, or step-parents who would like to support their new partner.

Cape Mediators are professionals with a wealth of skills and experience in family mediation and conflict resolution. We deliver mediation at the highest accredited standard – If you are seeking mediation please click here and fill in the form.


Contact Cape Mediators today!

Wednesday 5 October 2016

What skills do you need as a Mediator?

A key aspect of mediation is that the mediator does not sort things out or make any decisions for the parties involved. Instead, he or she helps the parties involved work together to develop their own agreement.

A mediator needs a range of skills, including:

- Active listening skills;

- Questioning and clarifying skills to grasp both the facts and the areas of controversy;

- Emotional intelligence to understand the underlying emotions;

- Summarising skills to set out the main points of controversy, and underlying emotions, and also to help the participants to reframe issues in less emotive language;

- Empathy to help each party to stand in each other’s shoes and understand each other’s point of view.

Image resultPerhaps most importantly, a mediator must not take sides, or be seen to be acting unfairly. You will therefore need to acknowledge points made by both parties, and spend equal time with each person or on their issues.

It’s never going to help to point out that someone is being unreasonable, but you can help them take a reality check by asking what they would consider a reasonable outcome, and then asking whether they think the other party would agree.

Looking for professional, reliable mediation services at an affordable price? Don't hesitate to contact Cape Mediators today!

The Mediation Process

Although every conflict is different and every mediation process differs too, there are a number of steps which you will need to consider in every case...

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        1.       Preparation

Lay out the “ground rules” for the mediation process. You may want to set up some basic rules, like only one person speaks at a time, and while someone is talking, the others have to listen in silence. There also will be no verbal abuse at anytime, as well as everything that happens remains confidential unless both parties have another agreement. Consider whether you should have separate meetings with each party to develop a better understanding of the issues before mediating a joint agreement.

        2.       Reconstruction and Understanding the Conflict

Listen to the participants stories, whether together or separately, and clarify what they want to achieve from the process. If you are meeting both participants together, it is helpful if you can summarise the main points of conflict in a neutral way that both can agree upon.  It can also be helpful at this stage to name the emotions that participants are feeling, to show that they have been recognised and understood.

        3.       Defining Points of Agreement and Dispute

Move towards a position where they start to understand each other’s point of view, and can then begin to resolve a shared problem. One way to do this is to think of it as moving from a focus on the past to one on the future. It’s extremely powerful to reflect feelings back to the participants, as it shows both that they have been heard. Don’t be afraid to suggest a break for coffee or a walk outside, or even an adjournment to another day if you think things are getting a bit heated.

        4.       Creating Options for Agreement

Image resultIdentify the simplest area, or the one on which there is most agreement, and suggest resolving that first, to give a ‘quick win’. Useful techniques for developing options include brainstorming. At this stage – anything goes! You then need to help the participants to develop evaluation criteria, which should ideally be objective and in order of importance. Your role here is to make sure that all participants are equally involved in generating options and developing evaluation criteria, and that they cover all parts of the problem. Make sure that you are reflecting their opinions and not your own. Once the options have been discussed, you’ll need to guide them to a single solution that suits all parties.

        5.       Developing an Agreement

Help the participants to achieve an agreement that is specific, measurable, attainable, realistic and time-bound:

- Writing down the proposal and reading it back to them.
- Writing down individual points so they are clear and understood.
- Clarifying any general or vague points.
- Avoid legalistic language, and keep everything very simple.
- Summarise progress and next steps, including setting a deadline for any future meetings, and identifying any remaining areas of difficulty, and options for their resolution.
- Being positive about progress and the fact that everyone has remained engaged.
- Offering your continued support as a mediator if required.
- Ensuring both parties sign the agreement then and there, and close the meeting once agreement is reached.

Mediation is an effective method to help solve conflicts that have gone beyond the negotiation stage. Contact Cape Mediators for affordable, professional mediation services!

Monday 3 October 2016

Mediation can settle Contract Conflict

Image resultContracts are entered into daily in various formats, from bank loans, deeds of sale and employment contracts to rental agreements to name but a few.

The contracts you so willingly sign are filled with many clauses of varying description, but do you realise what you are writing your signature down on? Contracts are seldom read and fully understood by the signatory.

Afford yourself the time to do due diligence – below is an example of a clause often overlooked or omitted.

Clause reference; Disputes: (ADR) alternate dispute resolution.

 The process to be followed if either the parties notifies the other in writing, a dispute exists and the nature thereof. The said clause is to cover the existing period of the agreement and any renewal or extension thereof.

The parties on receipt of said notice the parties shall within a specific time frame ie.10 (ten) working days agree to instruct their representatives or personally attempt to resolve the dispute amicably by negotiation failing this to within a prescribed time (15 working days) refer the matter for resolution by way of mediation.

In the event that the mediation process does not reach a mutually acceptable resolution of the dispute the parties agree to refer the matter to arbitration. The parties agree to be bound by the ruling of the said arbitrator.  The time frames allocated to the set agreed procedures may be mutually altered in writing by the parties.

By including the above mentioned clause one is more likely to avoid:

(           (a)   A decision taken on the matter by an external third party ie Law society representative.
            (b)   Parties agree by default to proceed to litigation.

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Mediation then becomes a proactive arena for parties seeking to end disputes or conflict by mutual agreement expeditiously.

Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators today!

Thursday 29 September 2016

Wedding Planning vs. Divorce Planning

Try not to say both of those in same sentence, please.

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Both wedding planning and divorce planning require copious amounts of collective input, the latter however is often void of the same collective involvement.

The latter, divorce, is seen as a “dirty” word. Divorce looks ugly, feels terrible and is rarely planned for, however it is a reality in many people’s lives including the little ones.

As with marriage, there is life after being single, so there is too life after divorce!

A mediated divorce allows both parties to own the process themselves and not hand their destiny over to lawyers and ultimately to the court to decide the final outcome. The environment created by mediation is conducive to seeking a mutual agreement whilst allowing the emotional standing of the parties to be processed. The mediation process has extremely positive healing attributes for life after divorce.

“I can’t deal with this”, “I’ve had enough” and “I just want this to be over with” are quotes that are heard far too often. Yes, you can sit back and just let the lawyers sort it out, but at what cost? And by cost, I am not talking solely about the financial aspect.

While the lawyers and busy lawyering, life goes on or both parties attempt for life to go on. In reality, all the emotions still prevail. Just managing to get through work and be productive is a challenge; this is a real concern and can place careers and businesses at a huge risk.

Transferring the underlying stress to other family members and loved ones is often unavoidable – this all comes at a huge emotional cost.

Conflict is destructive in any circumstance, so afford yourself the opportunity to attempt to resolve it in a peaceful manner (mediation) and you will be thankful for the rest of your life.

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Do you want to refer a dispute? Whether it be a divorce, labour dispute or landlord/tenant mediation - Contact Cape Mediators today!

Landlord vs. Tenant

Image result“Your home is your safe place”

Until such time as you have a dispute or are in conflict with your landlord...

You have a lease agreement; this agreement ensures that your rights are protected. However, a situation may arise where you feel aggrieved and decide that it is your time to act on it.

Contact is made with the Landlord, who does not share the view you have. In fact, your landlord inflames the situation by threatening your right of abode.

Firstly, within the agreement is there a clause relating to disputes? Most of the time – yes – but it really only provides for legal intervention at your expense. Even if you win the legal action you probably will not be awarded full costs.

A simple clause added will give you peace of mind that in the event of dispute or conflict the parties agree to mediate the matter.  If a mutual agreement cannot be reached, the said matter can be referred to an arbitrator to make a ruling.

The mediation process costs are shared by the parties and the agreement is based on mutual acceptance thereof and not decided on a point of law.

Do you want to refer a dispute? Cape Mediators can help you out. 

Email us mike@capemediators.co.za or give us a call on 082 422 3324

Tuesday 27 September 2016

What is Mediation?

Mediation may be thought of as “assisted communications for agreement."

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It is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement.

Here are some of the key qualities of the mediation process:

Voluntary – It is a voluntary process, so you can leave at any time for any reason, or no reason.

Collaborative - As no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach best agreements.

Controlled - Each participant has complete decision-making power and a right to reject a decision or proposal over each and every provision of any mediated agreement. Nothing can be imposed on you.

Confidential - Mediation is generally confidential, as you desire and agree, be that by statute, 
contract, and rules of evidence and/or privilege. Mediation discussions and all materials developed for mediation are generally not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement.

Informed - The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutually acceptable experts can be retained. Expert advice is never determinative in mediation. The participants always retain decision-making power.

Impartial, Neutral, Balanced and Safe - The mediator has an equal and balanced responsibility to assist each mediating party and cannot favour the interests of any one party over another, nor should the mediator favour a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of force or intimidation.

Self-Responsible and Satisfying - Based upon having actively participated in voluntarily resolving issues, participant satisfaction and the likelihood of compliance are found to be elevated through mediation compared to court options.


Looking for professional, reliable mediation services at an affordable price? Contact Cape Mediators today!