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 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.

-- 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.

-- 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.

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. 

Barriers that Families Face when it comes to Mediation

Why do so many people decide that mediation will be unsuccessful?

Well, there are a few barriers that many mediation clients will experience when they are considering using a mediator.

First of all, lawyers are often contacted as a first resort. Why? Becase this has become the norm among many people.

Let’s take a look at some of the barriers that may come up should a family / couple, etc. choose mediation…

     1.       The couple / family have already tried to sort things out, and assume it is too late to mediate

     2.       The other party refuses to mediate

     3.       The mediator was chosen by the other party so they cannot possibly be neutral

     4.       The other person will most probably not change their mind no matter what the mediator does

     5.       The other party cannot afford mediation

Many couples / families, etc. who are going through issues feel that mediation would not provide the right practical and emotional support. HOWEVER, even though there are challenges when it comes to mediation, it is in fact the right process to choose!

Mediation is a cost effective, but effective way to resolve conflicts and disputes, including those which are complex and high value. 

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.

Why should you use Workplace Mediation?

There are many advantages of workplace mediation, one of them being that the issue is solved informally, in a civilised manner with both parties being heard equally by the mediator.

As both parties sit down and work together to find a fair solution, the end result is in the hands of the participants. Both parties are committed to the same thing – agreeing on an effective, long-lasting solution.

When it comes to workplace mediation, these are some of the situations that may arise:

-- There are clashes between people who have problems working together and simply do not get along.

-- A once happy working relationship has fallen apart.

-- Employees have become bitter and there are grievances because of a disciplinary procedure.

-- Someone in the workplace has been accused of sexual harassment.

Workplace mediation follows the following principles…

      ·         It is a fair, voluntary process where both parties must agree to be a part of the mediation.

      ·         Anyone who wants to withdraw from the mediation can do so at any time.

      ·         The mediation is confidential unless the parties agree otherwise.

      ·         It is a fast process that can begin whenever all parties are ready.

      ·         The mediator is always neutral.

The main purpose of mediation is to let each person involved with the dispute the opportunity to be heard and work together to find a solution.

Do you think you may need to contact a mediator for workplace mediation? To book your session, contact Cape Mediators in Cape Town today on 082 422 3324 or email mike@capemediators.co.za

When is Workplace Mediation Necessary?

Basically all conflicts in the workplace can be dealt with using mediation, as long as the people involved are willing to come to an agreement.

But, what workplace situations are so serious that mediation is well-advised?

-- Sexual Harassment

It is often assumed that people who are involved in a sexual harassment dispute cannot work together to come to an agreement. However most sexual harassment complaints happen when people cannot agree on what is funny and what is offensive. If the parties are actually willing to sit down and talk to each other, a mediator can help resolve the issues and come to a peaceful solution. This in turn will save employee relationships and avoid expensive lawsuits.

-- Conflicts between Employees

Everyone is different, and sometimes these differences can prevent two people from working effectively together. Should the company need these employees to work together as a team without conflict, then mediation can be an effective solution. Mediation will give them a change to come to an agreement and allow them to function together harmoniously in the future.

-- Declining Work Performance

An employee may stop working well for a lot of reasons, however when they are questioned about it they may become defensive and scared which in turn results in their work performance declining further. By contacting a mediator, they can help both parties to understand each other’s needs, requirements and requests.

-- Terminations

When an employer chooses to terminate an employee, mediation on the terms of the separation can be very helpful. Mediation can be beneficial emotionally: the employee may never agree that the termination was warranted but will more likely feel that he or she had a fair hearing, and may come to understand the reasons for the employer's action. These realizations can make it easier for terminated employees to move ahead with their lives!

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labour 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.

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.

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.

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!

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.

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.