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!

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 Mediation Process

Although every conflict is different and every mediation process differs too, there are a number of steps which you will need to consider in every case...

        1.       Preparation

Lay out the “ground rules” for the mediation process. You may want to set up some basic rules, like only one person speaks at a time, and while someone is talking, the others have to listen in silence. There also will be no verbal abuse at anytime, as well as everything that happens remains confidential unless both parties have another agreement. Consider whether you should have separate meetings with each party to develop a better understanding of the issues before mediating a joint agreement.

        2.       Reconstruction and Understanding the Conflict

Listen to the participants stories, whether together or separately, and clarify what they want to achieve from the process. If you are meeting both participants together, it is helpful if you can summarise the main points of conflict in a neutral way that both can agree upon.  It can also be helpful at this stage to name the emotions that participants are feeling, to show that they have been recognised and understood.

        3.       Defining Points of Agreement and Dispute

Move towards a position where they start to understand each other’s point of view, and can then begin to resolve a shared problem. One way to do this is to think of it as moving from a focus on the past to one on the future. It’s extremely powerful to reflect feelings back to the participants, as it shows both that they have been heard. Don’t be afraid to suggest a break for coffee or a walk outside, or even an adjournment to another day if you think things are getting a bit heated.

        4.       Creating Options for Agreement

Identify the simplest area, or the one on which there is most agreement, and suggest resolving that first, to give a ‘quick win’. Useful techniques for developing options include brainstorming. At this stage – anything goes! You then need to help the participants to develop evaluation criteria, which should ideally be objective and in order of importance. Your role here is to make sure that all participants are equally involved in generating options and developing evaluation criteria, and that they cover all parts of the problem. Make sure that you are reflecting their opinions and not your own. Once the options have been discussed, you’ll need to guide them to a single solution that suits all parties.

        5.       Developing an Agreement

Help the participants to achieve an agreement that is specific, measurable, attainable, realistic and time-bound:

- Writing down the proposal and reading it back to them.
- Writing down individual points so they are clear and understood.
- Clarifying any general or vague points.
- Avoid legalistic language, and keep everything very simple.
- Summarise progress and next steps, including setting a deadline for any future meetings, and identifying any remaining areas of difficulty, and options for their resolution.
- Being positive about progress and the fact that everyone has remained engaged.
- Offering your continued support as a mediator if required.
- Ensuring both parties sign the agreement then and there, and close the meeting once agreement is reached.

Mediation is an effective method to help solve conflicts that have gone beyond the negotiation stage. Contact Cape Mediators for affordable, professional mediation services!

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!