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.

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.

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!

The Top Ten Rules for Mediation Success

Mediation 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

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

What Mediators Do and Don’t Do

When normal strategies aren’t helping you fix your problem, the best idea is to turn to mediation.  Mediation is a cheap, personal way of solving conflicts in a civilised manner.

Here’s what mediators do and don’t do:

What Mediators Do...

Mediators play a neutral role as they try to resolve a conflict you are involved in. Their job is to just assist you to understand, not to take sides! Mediators will lay down ground rules, ask questions, help you find the issues and encourage everyone to brainstorm solutions.

What Mediators Don’t Do...

Mediators do not make the decisions for you or the other person involved in the dispute. They will keep everything confidential and never speak to others about your mediation, unless you give them permission. A mediator will avoid picking sides or choosing you is right or wrong, and there is no point in you trying to persuade the mediator to pick your side.

Do you want to refer a dispute? Cape Mediators can help you out! Visit the website here, or contact them today - mike@capemediators.co.za

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.

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.

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!

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

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.

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!

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!