Why opt for mediation?
For many the option for mediation as a strategy to settle disputes is still considered as a “second-hand” alternative. It is far from being second-hand. In more than sixty (60) pieces of South African legislation, mediation is prescribed as an alternative mechanism for dispute resolution.
1. Courts are also increasingly making use of mediation to resolve family and parenting conflict.
2. In family conflict, mediation provides a more affordable and quicker alternative option for dispute resolution.
3. It also provides a mechanism in which the conflicting parties can negotiate with one another and make sure that the interest of the child(ren) are protected.
4. A mediated process produces a civil agreement as an outcome. A well-trained mediator can produce a documented arrangement that will satisfy courts in, for example, a divorce settlement.
While mediators are not bound to the formal processes of litigation, they work within the confines of the law protecting the parties. If parties want they may have their attorneys comment on the final agreement before they sign it and submit it to the clerk of the court to be processed. Mediation is a more subtle and open negotiation process and creates win-win solutions. If done properly parties learn crucial negotiation and communications skills. They can grow and become stronger and more assertive individuals.
While reconciliation and restoration of the relationship is not the aim of the process mediation has the potential to establish a new meaningful relationship between the parties that serve the interests of other stakeholders, i.e. children or employees.
Thus, emotional (stress and time), financial and legal factors make a mediated settlement a viable option to resolve conflicts in the home, business, schools and community.
The mediation services I offer is focused on the mediation of family conflict and the development of relationship break-up settlements and parenting plans.