Tag: Litigation

New Legislation Forces Attorneys to Advise Mediation
Countries all over the world are realising that mediation is a much better solution for divorce than litigation. Ireland is the latest to add their new legislation, obliging attorneys to suggest mediation to their clients before opting for litigation. . In order to cut legal costs and speed up the process of dispute resolution, the […]

Is Media Fueling the Divorce War?
. . News24 HOT TOPICS today: “Morgan Deane talks divorce: Now the war begins for real” . Divorce is an extremely sensitive family matter, notorious for its devastating effects on spouses, their children, their extended families, friends, colleagues and even new partners. The destruction is more often than not caused by the acrimonious litigation extended […]

Advice from a Judge
In my several decades in and near divorce court, I have seen more than a fair share of sad people who can’t seem to move on from their divorces. Some of them manage to turn the process of getting a judgment terminating their marriage from something that should have been finished in a few months […]

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 […]

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 […]