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.

Tenant vs. Landlord Mediation

Most tenant / landlord issues are small and can be fixed easily and with a little common sense. However, some bigger issues can seriously destroy the enjoyment of where you're living and possibly cause it to come to an end! In these situations, getting a mediator's help may be the most effective, affordable way to protect your rights.

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.

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!

3 Steps to take if you feel your Neighbour is harassing you

No matter which area you live in, or how many people there are living on top of one another in an apartment building, there is always bound to be some problems between neighbours.

But when a small complaint turns into a big issue, how do you deal with the problem?

The most common complaints can be addressed when looking at the lease that was signed. Noise complaints can be dealt with easily between the two neighbours.

More serious issues, such as harassment, physical threats, calling the police for false reasons and making your home unliveable on purpose is a completely different situation...

Here are some steps you can take to deal with the harassment:

Talk it out. If you feel you can approach your neighbour without feeling endangered, then it might be a good idea to go over and have a chat with them. Invite them over for coffee and remember to communicate calmly and compassionately.

Document the issues. You need evidence if you want to take the matter to the owners or the management company. Keep a log of all the incidents with the dates and times, so the people in charge can do something about it.

Mediation. Cape Mediators offer mediation for neighbours who can’t work things out themselves, as well as mediation for landlord and tenant conflicts. Mediation is extremely useful as well as cost effective, and by providing the two parties to speak in a controlled environment, they can work the problem out properly!

Is your neighbour harassing you? Don’t leave it until it becomes a serious issue – use these 3 steps to properly deal with the problem!

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. 




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.

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

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.

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.

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

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.

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.

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!