RSSCategory: Technical

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 Four Divorce Alternatives

The Four Divorce Alternatives

No two marriages are the same, and so it only follows that no two divorces will be the same, either. In fact, if you are contemplating divorce, you have several options about how to proceed. In general terms, you need to consider four broad categories of divorce alternatives: Do-It-Yourself (DIY), Mediation, Collaborative and Litigation. Let’s take a […]

17th 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
Parenting Plans

Parenting Plans

What is a Parenting Plan? A parenting plan is a written agreement between co-holders of parental responsibilities and rights, outlining in detail their respective responsibilities and rights of care, contact, guardianship and maintenance with regard to a child. What must a Parenting Plan deal with? A parenting plan may determine any matter in connection with […]

22nd June 2015 | By More
Litigation versus Collaboration

Litigation versus Collaboration

Litigation will cost a lot of money, often hundreds of thousands of Rand. The litigated process demands that a set series of processes take place and it takes up a huge amount of time for attorneys to comply with the process and rules. Advocates are often appointed in addition to attorneys and whole days can […]

14th April 2015 | By More
Is Litigation Worth It?

Is Litigation Worth It?

What happens in reality is that the litigation process takes hold of both clients and carries them away like a raging river. They fall into it and almost lose control over what happens. The attorneys do the best they can, but the way they are trained is to simply force the next legal step on […]

14th April 2015 | By More
What is a fair divorce?

What is a fair divorce?

A fair divorce is where the needs of both parents are in balance like the scales of justice, while keeping the children’s needs in mind as the overriding factor. Even if your spouse is angry and bitter, you can change this by not reacting in fear and anger yourself. You don’t have to be on […]

25th March 2015 | By More
Litigational Abuse

Litigational Abuse

. Litigational Abuse . . . Definition: Deliberate, protracted litigation, of actions that have little or no merit, with the vexatious and/or frivolous intent to harass or subdue an adversary. Legal victimisation, intended to impose severe psychological stress and financial ruin. Falsification of evidence and improper manipulation of the legal system. Effects: People are impoverished […]

25th March 2015 | By More