3 important factors that affect Mediation

Is now the time to attend mediation? Well, there are no specific times; however you’ll have to look at a range of important factors that will affect whether both parties can come to a mutual agreement.

Emotional state, gathering of important information and overall cost are the most vital factors when it comes to mediation…

Emotions – Parties involved in a dispute may experience a lot of emotions, especially when it comes to matters like children and divorce. Your emotional state can mess with rational thinking, judgements and coming to an overall agreement. Should you need the assistance of a professional mediator, always think about your emotional state first as well as the other parties involved.

Information – When both parties are trying to come to a resolution, outside information such as bank statements, pay checks and receipts are also needed. The mediation session will run a lot smoother if everyone has the correct information on hand.

Costs – Choosing mediation is the most affordable decision to make and you’ll avoid wasting money on attorney fees and court costs. Not only is mediation affordable for everyone, but it can take as little as a month to resolve the problem compared to spending years fighting over a dispute in court.

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

If you are ready to schedule your mediation session, do not hesitate to contact Cape Mediators today on 082 422 3324 or email mike@capemediators.co.za

What you need to know about Divorce Mediation in South Africa

When it comes to divorce, the proceedings that follow are usually unnecessarily long, expensive and full of negative emotions.

But why? Because one or both parties cannot come to an agreement about certain factors of the divorce settlement.

The most common factors are maintenance payments, child custody and the division of assets.

This is where mediation comes into the picture. Mediators are trained professionals who are often skilled in a range of mediation services including landlord/tenant mediation, labour disputes, mediation of contractual disputes and the most popular – divorce mediation.

By using a professional mediator, both parties will be assisted in putting aside their emotions and make decisions that will help to bring them to a resolution that is peaceful and accepted by both parties.

The process of mediation is confidential, private and saves both time and money. It also allows both parties involved to communicate with each and try and find a resolution based on their needs.

Would you really want to spend years of your life fighting over a divorce when you can contact a professional mediator and get it done within a few short months?

If you would like help or advice with a divorce please be sure to contact Cape Mediators today. Email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session. Please note that our practice is based in Cape Town, South Africa. Should you require advice on selecting a mediator outside of Cape Town, please contact us and we will gladly provide you with a referral.

The Two Essential Tricks that make Mediation Work

Mediation is often a better option for conflict resolution – why? Because it is faster, affordable and it allows both parties to come to a mutually-acceptable resolution in a way that the courts simply cannot do.

Here are the top two essential tricks that may not be the norm, but they always work.

Never argue about who is right – The main goal of mediation is not to argue until there is a winner, but to come to an agreement that both parties agree on. Usually, in the case of mediation, both parties are well aware of the facts and the legal issues and have had enough time to become familiar with the case. So, arguing is just a time consuming, expensive act that can unnecessarily anger both parties and cause the attention to drift away from the overall goal of settlement.

Leave the hard issues for last – If both parties would like to settle the conflict and come to an agreement then the best thing to focus on first is always money, while leaving the harder issues for later. Once the key term has been agreed on, the parties involved will feel more at ease and some momentum will be created. In mediation deals can often fall apart when the harder issues are out on the table right up front, so consider leaving the more difficult issues until the end.

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labour and contractual disputes as well as divorce settlements. Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.

What is Family Mediation all about?

Family mediation has become a popular, peaceful way to resolve and prevent family conflicts, especially where small children are involved. Disputes that have been negotiated in an acceptable manner can restore trust, communication and understanding.

• Family mediation helps you resolve conflict and reach an acceptable 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.

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 book your session by calling 082 422 3324 or emailing mike@capemediators.co.za

Contact Cape Mediators today!

8 Important Tips on how to Prepare for your Mediation

Mediation is a great way to resolve disputes and come to an agreement, however to achieve a settlement that both parties are happy with, you will need to prepare for you mediation effectively.

Here are 8 important tips to keep in mind when you are preparing for your day of mediation…

1. Identify key interests – Your key interests in the disputes may be more than just working out your claims, it could include preserving a business relationship and even avoid too much publicity.

2. Make the first offer – The party that makes the first offer tends to come out happier when the final settlement is reached.  Seize the initiative and make the first offer.

3. Get an estimate of the costs of litigation – It is a good idea to get a cost estimate and see what you will have to pay should you decide not to settle. Keep this in mind when you are making your decision.

4. Explain your main points before the session starts – Focus on the main points and don’t be afraid to express your emotions, whether it is sadness, happiness, anger, etc. Real emotions can help the other party understand your position.

5. Make sure there is nothing preventing you from making a deal – Arrange all funding in advance before the mediation even begins and should you need legal advice, make sure to do so before the day of the mediation.

6. Be ready to talk face to face – Often parties may find this uncomfortable, but it can often help out the situation. When you are preparing think about how you will handle the situation and what you’ll say.

7. Think about how you will prepare your position – Never make bare demands, especially with no explanation. Explain your position in details so that the other party will understand why you want something.

8. Treat your mediator like a colleague – Always remember that your private discussion with a mediator are confidential and will never be revealed to the other party. So confide in your mediator about everything!

We offer mediation that is both affordable and an effective way to resolve conflicts and disputes. Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.

10 Steps to prepare yourself for Mediation

The mediation process differs for everyone, however the following guidelines can help you to prepare for what to expect and how to prepare yourself for mediation…

By using these 10 steps, you’ll be more likely to solve your dispute in a satisfying, civilised manner.

1. Always make sure that both parties are present as well as the mediator and everyone is informed on the dispute at hand.

2. Expect the unexpected and be willing to accept any new information or developments that come up.

3. Listen during the mediation session and focus on the problem you are trying to resolve, not the people involved.

4. Do not use the same tactics that are used in litigation. There is no need to do anything unnecessary and potentially offensive.

5. Spend a bit of time thinking, planning and discussing your approach during the mediation session.

6. Think outside the box and try to look at the issue you are trying to resolve through the eyes of the opposite party involved.

7. Build your pre-mediation preparation by being aware of how you are perceived and how your position invites or denies resolving the dispute.

8. All mediation briefs and materials should be completed before the mediation takes place. Of course you should also know your materials well and be ready to explain and clarify anything.

9. Never underestimate the ability of the other part involved. It is best to get through the mediation as a team and resolved the conflict together then to just spectate from the side-lines.

10.  Think about your strategy in negotiation, review what mediation processes you prefer as well as what you will say and do to get through the dispute.

The only way to get through mediation successfully is to well-prepared in advance as well as to be willing to deal with any issues and questions raised by the mediator or the opposite party.

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labor and contractual disputes, and divorce settlements. Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.

Why you should Choose Mediation in the Workplace

Mediation is a process that brings people together to resolve their conflicts in a peaceful and proactive way.

But, why should you use mediation when it comes to resolving disputes in the workplace?

Mediation allows employees to feel recognized and understood. Why? Because they are being heard and they have the power to hear other people’s opinion!

Mediation offers employees the opportunity to feel self-empowered. The workplace is a place where people normally feel they are being told what to do; mediation allows you to have your own input into the final decision.

Mediation is about timeliness and speed. Mediation can take place quickly and doesn’t have to be dragged out for many months. When we compare this to a complaint filed to a court, it can take years to resolve!

Mediation is cost effective not only with money, but time as well. Fees are usually a fraction of the price of the cost of normal legal fees.

Mediation is always confidential. By nature and by contract, mediations are always confidential, so there is no need to worry about a public record like you would with a lawsuit.

Mediation can provide a non-public way for disputing parties to discuss the conflict. From there they can communicate in a civilised manner and come to an agreed upon decision – this is vital when it comes to mediation in the workplace.

At Cape Mediators we offer mediation in the workplace around disciplinary issues, performance, workplace behaviour as well as dismissals and retrenchments.

Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.

Considering Divorce Mediation? Contact Cape Mediators today!

Mediation is the act of a neutral person, the mediator, helping both parties involved to come to a mutual agreement. The process of mediation gives the parties the opportunity to discuss disagreements, clear up any misunderstandings, figure out concerns and then agree on a settlement agreement.

When it comes to divorce, it can be an emotional process for all members of the family, especially young children who witness the separation of their parents. If you are going through a divorce and you do not take care to be considerate and plan properly, you can make silly decisions because of pride and resentment.

By using alternative divorce solution such as mediation, how does it benefit you?

- You remain in complete control of your family’s future, happiness and stability

- Cape Mediators assist you to make a fair decision in order to move forward in a cooperative manner

- We will help to turn the battle field into a zone where both parties feel safe

- We help change a process that would usually be very combative into one where both parties work together

We want you and your family to experience the benefits of divorce mediation – Contact Cape Mediators on 082 422 3324 or email mike@capemediators.co.za to take the first step!

What does the Mediation Process involve?

In this day and age mediation is used far and wide, and there is rarely a case that is not suitable for mediation!

But what does the mediation process involve? Well, both parties will choose their own process, although mediation does follow it's own pattern in general. It is a process that is completely confidential without any prejudice from the mediator. Many people steer towards mediation because of the fact that it stays away from the court room and allows you to express yourself freely.

A mediator is a neutral person that assists both parties to come to an agreement or settlement. A good mediator is not a judge, but a person that can test both parties and highlight strengths and weaknesses in order to some to a settlement where both parties are happy.

However, 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.

This is why mediation is seen as a more peaceful and accepted solution that ends and resolves conflicts of any magnitude.

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labor and contractual disputes, and divorce settlements. Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session!

Landlord vs. Tenant Mediation

“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

The 6 Main Benefits of Mediation

Choosing mediation means a lot more benefits you, especially when it comes to improving the understanding between you and the other party.

Some of the best benefits of mediation are…

-- Avoiding Court. When you choose mediation, it usually means that you do not have to go to court. At the end of your case, your mediator will usually prepare your paperwork and file it with the court.

-- Affordable. It can be very expensive to use traditional litigation. Mediation is a lot cheaper because the focus is to come to a mutual agreement not to destroy the other party.

-- Faster Agreements. Mediation happens according to your timeline and can be done quickly, sometimes in just a few short months or even weeks!

-- Customer Satisfaction. Those who use mediation come to a mutual agreement where both sides are happy with the outcome and there isn’t an overwhelming amount of stress.

-- Privacy. Mediation usually takes place in a private place, like in the mediator’s office, rather than making it a public process.

-- Preserves Relationships. Whether it is a divorce settlement or a labour dispute, preserving your relationship can be the main benefit of using mediation. Mediation focuses on communicating with each other respectfully instead of attacking one another.

These are just some of the main benefits of mediation. Of course, there are many other benefits as well, this is why mediation is seen as a more peaceful and accepted solution that ends and resolves conflicts of any magnitude.

If you are looking for professional mediation services in Cape Town and the surrounding areas, do not hesitate to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session. 

Barriers that Families Face when it comes to Mediation

Why do so many people decide that mediation will be unsuccessful?

Well, there are a few barriers that many mediation clients will experience when they are considering using a mediator.

First of all, lawyers are often contacted as a first resort. Why? Becase this has become the norm among many people.

Let’s take a look at some of the barriers that may come up should a family / couple, etc. choose mediation…

     1.       The couple / family have already tried to sort things out, and assume it is too late to mediate

     2.       The other party refuses to mediate

     3.       The mediator was chosen by the other party so they cannot possibly be neutral

     4.       The other person will most probably not change their mind no matter what the mediator does

     5.       The other party cannot afford mediation

Many couples / families, etc. who are going through issues feel that mediation would not provide the right practical and emotional support. HOWEVER, even though there are challenges when it comes to mediation, it is in fact the right process to choose!

Mediation is a cost effective, but effective way to resolve conflicts and disputes, including those which are complex and high value. 

Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.