Monday, December 21, 2015
Calvin worked at a company for 10 years as a programmer. One day Calvin was called into the office of his manager, who then told him that the company was being downsized and thus he will be dismissed. Suing his employer for wrongful dismissal, the case was dragged on on numerous technicalities and a year later the matter was not yet resolved. Calvin was also running out of money and had to sell off some of his assets to survive.
After talking to a friend who just completed mediation training, Calvin asked his legal representative to discuss this option with his former employer. It was agreed upon and the case ended up before a mediator.
Sunday, November 22, 2015
Divorces can be an ugly ordeal and even more so if there are children involved.
In this post, we try to take our divorce mediation experiences and try to shed some light on how mediation can ease the divorce process.
Please note that we are not suggesting or discussing mediation to stop divorce, although that has happened as well.
Friday, November 20, 2015
Mediation is not a new concept in South Africa, however it is an under utilized mechanism in the field of dispute resolution.
There are obviously many factors that contributes to the current status of mediation, but one of the main reasons for this is probably ignorance and stigma. People in general are reluctant to consider that many disputes can be resolved without having to go to court. Many may feel that they “want their day in court“. A family member was recently involved in a motor vehicle accident. Someone smashed into the back of her vehicle and then drove off. This obviously constitutes a crime in South Africa and accordingly criminal charges were laid. I was then ask by this person if I knew any good lawyers that can handle the civil claim for damages. I then suggested that she first consider using a mediator, but she didn’t want anything to do with it, because she “wanted to have her day in court“. Sad, but true!