Mediation
OUR MEDIATION SERVICES
You can appoint us as mediator in your dispute with another party or to advise you during a mediation where another mediator is appointed.
Andries Stander qualified as a Court Annexed Mediator in 2014 and is currently an accredited mediator with Mediators in Motion. He is also the co-founder of the Brooklyn Centre for Mediation which provides state of the art mediation facilities, conducive to negotiations and settlement discussions.
WHAT IS MEDIATION?
Mediation is a process to resolve, or at least, limit disputes with the assistance of an impartial and independent third party. It is an informal and voluntary process where the parties, with the assistance of the mediator, explore areas of possible compromise or points on which they agree. This is all done in a confidential setting and where the parties communicate without any prejudice whatsoever.
WHAT ARE THE ADVANTAGES OF MEDIATION?
Mediation is often misunderstood and as a result many people lose out on the advantages thereof, incurring thousands of rands in legal costs in the process. Here are some of the advantages of mediation:
Quick and inexpensive
The informal nature of mediation contributes to a very reduced time frame, and as a result, reduced costs. A mediation is often finalised within half a day or a day at the most. A very complicated dispute may take longer, but can still be finalised in a much shorter time than that same dispute being adjudicated upon by a Magistrate, Judge or Arbitrator. Litigation or arbitration typically can take months, and more often, longer than a year to finalise. Because if its nature, and the speed within which disputes are resolved, the costs are much reduced. The cost of a typical 1 day mediation will consist of the following: 50% of the mediator's fee for one day; 50% of the fee for the venue for one day; and the fee of that party's legal representative for that day. In general, the fees of mediators are typically less than half of that of aribitrators.
Outcome determined by the parties
The mediator plays a facilitative role. He or she assists the parties to find their own, tailormade, solution to the dispute and does not make a decision which is imposed on any of the parties. The focus is not about who is right and who is wrong, the focus is about how we "can move forward" to the benefit of both parties. Because the parties themselves can only truely understand the impact of the dispute on their livelihoods, businesses, family and lives in general, they are in the best position to determine what outcome would be in their best interests. The parties are therefore directly involved in the outcome and are not left to accept the outcome of a Judge, Magistrate or Arbitrator.
Negative experiences into positive outcomes
Mediation seeks to find the origin of the conflict. Only once the source has been identified, can the parties find a true solution. When going through the process, the parties often realise that a better solution is to be found than a mere monetary judgment in favour of one of the parties. Often times parties identify a new opportunity for business and both parties are better off than what they would have been had they gone to court.
Unlimited outcomes
When a dispute is referred to a court or arbitration, the outcomes are limited by the legal remedies provided for in legislation or our common law. The courts are bound by these outcomes. In mediation, these limits do not exist. As long as the outcome is not unlawfull the parties can agree on any outcome.
Confidential process
Whatever is discussed during a mediation remains confidential and the parties are not allowed to disclose any of the information which was shared or discussed to any other party. The parties can furthermore, include in their ultimate settlement agreement that the content of the settlement agreement itself also remains confidential. In such instance the normal legal principles applicable to confidentiality clauses will apply.
Want to mediate?