What is mediation?
Mediation is a process where two or more parties, with the assistance of a neutral mediator discuss dissatisfaction, disputes and conflict in a safe environment and where the outcome rests in the hands of the parties themselves.
Can all disputes be mediated?
All disputes can be mediated but some cases, for example, those involving crime, a final order of divorce, sequestration of persons and liquidation of companies, etc. have to go to Court. Most of the initial steps in these processes can be mediated and only the last step goes to Court.
How do costs of mediation compare to legal costs?
Mediation is an informal process which can be dealt with fast and inexpensively. It therefore costs less than court processes.
Where do I find a mediator?
I deliver professional mediation services and you can contact me via telephone and email. I am part of a network of mediators and can refer you if you so wish.
What does mediation cost?
Contact us for a quotation. There may be other costs, for example, travelling, refreshments and the use of a venue. Costs are kept as low as possible.
Is the process confidential?
Absolutely! Unless the parties agree in writing that information may be shared with outsiders, all parties must keep what is said confidential. This includes the mediator.
No information exchanged during the sessions may be used against you in a Court, in arbitration proceedings or other processes, unless the law compels you.
If a crime has been committed, is it still confidential in mediation?
Certain laws of the country compel persons to report crime. The Children's Act, for example, lists some of those duties. The parties have to tell the mediator beforehand that such information may become known in the session and the mediator will decide whether to carry on with the session or not.
What will happen if the other party has more power/money and bullies me in the session?
The mediator has a duty to make sure that everyone participates equally and freely. The mediator will manage the process to ensure that the needs and interests of everyone is cared for.
May I leave the mediation process if I want to?
Yes. You appointed the mediator to get independent and professional assistance. Should you decide to leave, discuss the reasons with the mediator. The issue is usually addressed immediately and a positive outcome remains possible that will serve all parties.
What do the Courts say about mediation?
The Court Rules compel parties to consider mediation. If parties do not, the Courts may make cost orders to show dissatisfaction. Parties may at any stage in court proceedings decide to go to mediation. It will save costs and you will be in control of the outcome.
What is the nature of the relationship between the Courts, mediators and legal practitioners?
It should always be good. The Courts favour mediation, and professional mediators can address disputes before you start court process and at any time thereafter. In some cases mediators as well as legal practitioners may be needed to guide and reach resolution of the dispute.
May attorneys and advocates assist me
Yes. Legal practitioners may accompany you to mediation sessions and advise you. In interpersonal disputes they should not speak on your behalf as your personal involvement is critical. In commercial disputes it may be different. The mediator will discuss the roles in the session.
What methods are used?
Personal sessions remain preferable. You can also use Zoom and Microsoft Teams on your cell phone, tablet and computer, as it may save costs. All you need is sufficient data. If you experience technical issues during the session, we may be able to assist you remotely. Just install the free version of TeamViewer.