Wedding Planning vs. Divorce Planning

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

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.

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

“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

What is Mediation?

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

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!