HOW MEDIATION WORKS

The mediation process is an informal, forward-looking alternative dispute resolution process. The goal is for the parties themselves to work out a transparent solution they can live with. It focuses on solving problems, not uncovering the truth or imposing legal rules. My role as mediator is to guide you towards a workable resolution to the issues in dispute, in a structured environment which process is protected by confidentiality. Through joint sessions and separate caucuses, I will assist you in: defining the issues clearly, understanding each other's position; and move closer to a workable resolution.

FAMILY MEDIATION

During a period of much uncertainty and emotional stress, family mediation allows separating and divorcing couples to take ownership of the process and control over the challenging road ahead. Divorce mediation is by far the preferred choice of action when parents will be required to co-parent for a number of years to come.

 

The basic principles key to family mediations are:

 

  1. The Mediator is an impartial participant in the process who merely guides the parties to make their own decisions regarding their lives. The mediator is not the judge nor advisor of law.

  2. The process is itself confidential and without prejudice, neither party including the mediator may use any information disclosed during the mediation against the other party should litigation pursue.

  3. The process is completely voluntary and either party may withdraw from the negotiation at any time and for no reason.

  4. Divorce mediation is arguably less traumatic than litigation and is believed to have a more positive effect on the children and the family as a whole.

 

Advantages of family mediation:

 

  1. More economical and financially less burdensome;

  2. The emotional trauma associated with divorce is lessened;

  3. The parties learn to co-parent; and

  4. The parties are empowered to take ownership of their future. 

 

Types of Issues which will be tackled:

 

  1. Division of Assets;

  2. Parenting Plans;

  3. Maintenance

  4. Care and contact of minor children; and

  5. Parental rights and responsibilities.

RESTORATIVE JUSTICE

Restorative Justice is an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in collectively identifying harms, needs and obligations through accepting responsibilities, making restitution, and taking measures to prevent a recurrence of the incident and promoting reconciliation.

Restorative Justice sees crime as an act against the victim and shifts the focus to repairing the harm that has been committed against the victim and community. It believes that the offender also needs assistance and seeks to identify what needs to change to prevent future re-offending.

(Reference- http://www.justice.gov.za/rj/rj.html)

MEDICAL NEGLIGENCE MEDIATION

It is an unfortunate fact that medical negligence disputes can take several years if not more to resolve. The introduction of mediation into the health sector offers a safe space for the parties to redress the breakdown of the patient- doctor relationship whether it be a dispute over an account or allegations of misconduct or negligence. Previously, an attorney would investigate and then litigate a claim, a process which runs the risk of leaving the parties emotionally exhausted and potentially financially ruined. Furthermore, the litigation process does not allow for a discussion of what actually happened and sometimes patients pursuing litigation in medical matters really require answers, accountability and assurances from the medical practitioner as well as the compensation component, a platform wholly owned and supported by the mediation process.

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