Showing posts with label Divorce mediation. Show all posts
Showing posts with label Divorce mediation. Show all posts

Tuesday, 2 July 2019

What skills does a Mediator need to have?

One of the great things about mediation is that the mediator does not make all the decisions, they are simply there to make sure the parties involved are working together to come to a fair agreement.


Here are some of the most important skills a professional mediator needs to have:

1. Great listen skills.

2. Questioning skills in order to understand the facts as well as the controversy.

3. Emotional intelligence.

4. Summarising skills to ensure that all the main points are set out and to assist both parties to look at issues in a less emotional way.

5. A lot of empathy!

Perhaps one of the most important skills a mediator needs is the ability to not take anyone's side and to act completely fairly. This means a mediator needs to spend an equal amount of time with each person involved to hear their side of the story as well as what issues they are facing.

As a mediator, it is never a good idea to point out that one of the parties involved is being unfair. That is why they need assistance from a mutual party… Overall mediators assist with helping parties take a reality check so they can put their emotions aside and come to a reasonable, agreed upon outcome.

Looking for professional, reliable mediation services at an affordable price? Don't hesitate to contact Cape Mediators today! Give us a call on 082 422 3324 or email mike@capemediators.co.za

Tuesday, 26 March 2019

Planning your Wedding vs. Planning your Divorce


It’s basically a sin to say those both in the same sentence; however both require collective input as well as collective involvement.

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Divorce is seen as a dirty word. It is ugly, feels pretty terrible and is not usually as well planned for as a wedding, but it is a reality in many of our lives.

There is life after going through a divorce and we can assist you in going through the steps in the most peaceful way possible. Simple call Cape Mediators on 082 422 3324 or email mike@capemediators.co.za for reliable, affordable divorce mediation.

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, which can sometimes take a few long and painful years. Mediation allows both parties to seek 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’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?

You’ll lose precious years of your life as well as a lot of money while the lawyers are busy lawyering. In reality life goes on and emotions can run high, affecting your work life and productivity. Do not allow yourself to take this huge emotional risk, especially if you have little ones to worry about.

Conflict is destructive, no matter what the circumstances may be, 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.

Monday, 25 February 2019

5 Important Things you need to know about Family Mediation


In recent years family mediation has been the preferred method to prevent and also resolve any family issues and disputes – this is especially important when children are involved. Mediation is becoming more and more popular because of the fact that freely negotiated agreements can aid in restoring communication, understanding and trust.

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Here are 5 important things you need to know about family mediation:

> Choosing family mediation will help to resolve conflict and reach an agreement on the issues surrounding certain issues such as separation or divorce.

> Family mediation allows you to reach a mutual joint decision without spending months in court.

> Your partner or ex-partner can meet in a safe, neutral space with a professional mediator to work out your plans for the future.

> A mediator will never tell you what to do; they will only help you by looking at different options and ways to come to a mutual agreement. This will help sort certain things out in a peaceful manner such as the arrangements for children, finances and property.

> Family mediation is always a voluntary and confidential process.


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 call 082 422 3324 or email mike@capemediators.co.za

Tuesday, 22 January 2019

7 Signs that your Partner is cheating & it’s time for Divorce Mediation!


Cheating can destroy relationships as well as marriages; this is why it helps to know what signs to look out for if you suspect your partner is cheating.

Divorce is full of negative feelings such as anger, sadness, frustration and disappointment. This is why it is best to resolve the issue in a peaceful way and avoid all the stress as well as a lengthy divorce trial. Contact Cape Mediators today and we’ll help you settle your divorce – call 082 422 3324 or email mike@capemediators.

Be sure to look out for these 7 common signs that reveal that your partner is cheating…


Password Protection – Suddenly changing passwords or implementing new ones could be a sign that he is hiding something.

Cell phone Guarding – He won’t let you use his cell phone, he sleeps with it right next to his bed and takes it into the bathroom with him – these are all common signs.

Appearance – Has he suddenly gone from wearing shorts and a t-shirt to fancy suits, shiny shoes and cologne you’ve never smelled before?

No Intimacy – When you reject him and he doesn’t put up a fight like he usually does then this could be a sign of infidelity.


Social Activities – An important business meeting or a party is a common excuse, so be aware when your partner is all of a sudden going out of town.

Frequent Gifts – If he is feeling guilty about being unfaithful he will try and cover it up by buying you gifts and spoiling you more than usual.

Social Media – Keep an eye on his social media profiles, are there less pictures of you and more solo shots and group images? Be aware of how much time they spend on social media as well!

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While these are the common signs, it doesn’t mean that they’re always 100% accurate. Be careful to avoid accusing them, rather sit down and have a talk before you jump to any conclusions.

Tuesday, 27 November 2018

What you need to know about Divorce Mediation in South Africa


Image result for divorce mediationWhen 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.

Monday, 5 November 2018

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.

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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.

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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.

Tuesday, 4 September 2018

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.
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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!

Tuesday, 19 June 2018

10 Steps to prepare yourself for Mediation


Image result for mediationThe 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.

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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.

Wednesday, 9 May 2018

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.

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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

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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!

Wednesday, 28 March 2018

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!

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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.

Related imageA 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!

Tuesday, 6 February 2018

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.

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-- 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.

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-- 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.

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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. 

Tuesday, 10 October 2017

Do you Need Family Mediation?

Over the years mediation has become the preferred way to solve conflicts and prevent family disputes, especially when divorce and children become involved. When two parties come to an agreement after a fare negotiation, family's often are able to restore communication, understanding and trust.

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What can family mediation do for you?

- 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.

Do you need family 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.

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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!

Tuesday, 19 September 2017

What to Expect from your First Time at Divorce Mediation

Divorce is not something that anyone wants to go through, but if it ever does come down to that, you’ll want to do it in a peaceful way.

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If you have decided that divorce mediation is the path you want to take, then you need to know what to expect from your first time.

These tips will ease the stress that comes with divorce…

Communication – You may come into the mediation thinking that a vague description of finances, etc. will be enough; however there is a lot more information needed. A mediator will often look at other factors that are important, and you need to communicate clearly why something is important to you. By doing this you mediator can help find solutions to problems that you probably didn’t think of.

Financial Disclosure – It is always important to know exactly what your financial situation is before you make a decision. An informed decision is one of the most important factors that will ensure that your divorce mediation is successful.

Neutral Mediator – A mediator should never meet with one spouse without the other present, their main role is to be the neutral man in the middle. Information only given to one side of the divorce can turn into a bad game of broken telephone and end up compromising the mediator’s neutrality.

You’re Not Alone – Divorce affects more than half of the world’s population, so never think that you are alone. Mediators are there to support you in any way possible, if it is not in their job description, they will find the right person to help you.

The Future – When emotions are running high, it is easy to say something or do something unnecessary, especially in the heat of the moment. Take a moment, think about what is important for the future and take into account that a few months from now you will be in a completely different emotional state.


Everyone is different, meaning that every divorce will be different too. Choosing divorce mediation can be an affordable and peaceful way to solve your issues in this difficult time. 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. 

Tuesday, 8 August 2017

Why Mediated Divorce is your Best Option

Try not to say both wedding planning and divorce planning in the 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.

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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. For professional mediation services that won't burn a hole in your pocket 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.

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“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 only 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.

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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!

Wednesday, 15 February 2017

Is your Partner Cheating?

Marriages can be destroyed when it comes to cheating; this is why you need to know the certain signs that could catch your attention. Discovering your spouse is cheating is an awful experience; don’t make it worse by wasting your time and money on a lawyer – contact Cape Mediators today and we can settle your divorce in a peaceful manner.

Here are the 7 most common signs that may reveal that your partner is cheating...


Password Protection – These days it is vital to protect your phone, laptop, email, etc. with passwords. However if he is suddenly changing all his passwords or implementing passwords where he never was before then this could be a sign that he is hiding something.

Cellphone Guarding – If he all of a sudden starts spending more time glued to his cell phone and he won’t even let you touch it then something might be up. Some signs could include: sleeping with his phone right next to the bed, taking it into the shower with him, leaving the room to answer the phone when it rings.

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Physical Appearance – Don’t jump to conclusions because this one could be nothing, but it should still be considered. Did he suddenly go from wearing jeans and a t-shirt to fancy suits and shiny shoes? Or maybe he’s wearing new cologne that you’ve never smelled before? This could be a sign of a mistress.

No More Intimacy – He may not reject your upfront, but when you reject him he may just agree with you instead of fighting them like he would usually do in the past.

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Social Activities – Be aware when your partner is all of a sudden going out of town or attending social gatherings more often than usual. A business meeting or party is a common excuse! Also take note when he starts new hobbies without you, such as training three times a week for a marathon, but you never actually see him do it.

More Gifts – Partners who are unfaithful will try to cover up their feelings of guilt by buying you gifts. If you are surprised about how much your partner is spoiling you lately then you might want to find out what the reason behind it is.

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Social Media Profiles – If your partner is cheating their social media profiles may start to look very different. There will be less photos of you two together and more solo shots or group pictures, this is a warning sign and you should be aware of how much time they’re spending on social media.


While these are the classic signs, it doesn’t mean that they’re always 100% accurate. Be careful to avoid accusing them and instead sit down and have a talk.

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, 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!

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...