Thursday, April 15, 2010

Ten reasons to refer your dispute to mediation

#1 Be in control of your own outcome as opposed to leaving the result to chance in the hands of a judge
#2 Mediation is between ten and a hundred times cheaper than litigation
#3 Mediation is speedier. To give you an example, the backlog in the Durban High Court is three and a half years. Yes, you wait three and a half years just to get a court date, which is then subject to postponements, adjournments and the like.
#4 Mediation helps to preserve relationships. When one party is pronounced the "winner" and the other the "loser", what chance does their relationship stand?
#5 Win/win-you don't have to "settle" for compromise (which is an inferior goal), each party can achieve a solution they can live with.
#6 A mediated solution generally lasts longer as the parties participated in designing the solution rather than having a decision imposed on them externally
#7 Mediation is private and confidentiality remains in tacked. Solutions can be explored without fear of publication. Court cases are heard in public
#8 In family matters, mediation champions the best interest's of minor children
#9 The parties can choose their own mediator
#10 Mediation is consensual and can be terminated by any party, at any stage, without having to give a reason

Yours in peace
Sheena

For more information go to www.mediatorsa.co.za

Friday, April 9, 2010

Mediation Mandatory in terms of Children's Act

On the 1st of April 2010 the outstanding sections of the Children's Act, 2005 and the Children's Amendment Act came into operation.

In terms of the Children's Act, parties seeking a divorce will have to attend mediation if they have minor children. The mediator will assist them in putting together a parenting plan dealing with care, contact and support (custody, access and maintenance) of their children.

This is a victory in the lives of children who are to go through the difficult experience of their parents divorce, in that through mediation their very best interests are championed in addition to the fact that their parents relationship stands a good chance of being good post-divorce at the level of co-parenting their children.

If you are going through a divorce or have a friend or family member who is, and require more information on divorce mediation, kindly email us on info@mediatorsa.co.za or call us on 0845204348. Yoiu can also visit or website at www.mediatorsa.co.za.

Yours in peace
Sheena