RSSCategory: Mediation

A Fair Divorce is NOT a Legal Process

A Fair Divorce is NOT a Legal Process

. . Divorce should not be an unfair legal process. It ought to be a process of un-coupling and physical separation with among others, a legal component. . What happens to us when we get divorced? We feel sad, disappointed, disillusioned, angry and afraid of what lies ahead. Our biggest concerns are about being able to […]

24th August 2016 | By More
There is No Winner in Divorce Court

There is No Winner in Divorce Court

You’re angry as hell at the spouse you thought you knew. You want to hire the meanest, toughest SOB divorce lawyer you can find and exact the retribution you deserve by going to court. How could a judge not agree that your spouse is a complete (insert description here) and side with you on all […]

26th June 2016 | By More
How to Choose a Family Mediator

How to Choose a Family Mediator

A mediator is someone who is neutral, unbiased and non-judgmental to your problems when they facilitate the issues between you and your family or just you and your spouse.     This third person, should be able to communicate without forcing their own opinions and solutions to your problems nor should they ask you to […]

29th February 2016 | By More
Did Your Attorney Advise You of Your Duty to Mediate?

Did Your Attorney Advise You of Your Duty to Mediate?

South African case law has changed the way the courts view the start of a divorce process with Acting Judge Brassey in the South Gauteng High Court (Brownlee v Brownlee: 2008/25274) emphasising the duty of parties to attempt to mediate a dispute involving a divorce process and the obligation of their respective attorneys to encourage […]

27th September 2015 | By More
Divorce Mediation Myths

Divorce Mediation Myths

Myth: Mediation allows one spouse to dominate another. Fact: A good mediator pays close attention to the power balance between the spouses and uses specific techniques to address any imbalance. If one spouse persists in dominating behaviour, the mediator will call a stop to the mediation rather than allowing it to continue. One caveat: Even […]

25th August 2015 | By More
Mediation: Last Resort, or First Choice?

Mediation: Last Resort, or First Choice?

A couple had  been in litigation for a little over 6 months and were running out of money. The 6 months were spent by the lawyers in discovery, producing endless bank account, credit card and loan statements, household bills, insurance premiums. etc. from the past 5 years. The lawyers felt that was a reasonable amount […]

21st August 2015 | By More
Common Questions about Mediation Answered

Common Questions about Mediation Answered

Here are some common scenarios that couples often find themselves in as they consider divorce mediation: I want a peaceful divorce but I don’t trust that my spouse will be fully forthcoming in disclosing all of his/her financial information. Can divorce mediation still work? In order for divorce mediation to work successfully, there must generally […]

19th August 2015 | By More
The Benefits of Mediation

The Benefits of Mediation

. Choose to mediate which is a more effective way of resolving your differences that will benefit your family and safe guard the emotional well-being of your children. . Mediation is an informal conflict-resolution process facilitated by a neutral third-person, the mediator. Mediation gives people the opportunity to discuss their issues, clear up misunderstandings, and […]

10th August 2015 | By More
How does Mediation differ from Collaborative Law?

How does Mediation differ from Collaborative Law?

In mediation, an impartial third party, who acts as the mediator, assists the parties with their negotiations and tries to help them settle their dispute. The mediator does not have to be an attorney and cannot act as an advocate for either side or give either party legal advice. In other words, if an agreement […]

19th March 2015 | By More