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

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!

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

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!

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