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!