Mediation

We are a legal practice based on integrity and a sense of impartiality. We subscribe to the notion that litigation should be a last resort. We believe Mediation to be the key to swift, cost effective and less acrimonious solutions to disputes or problems.

Why Mediation?

Litigation can be very costly, especially in the Higher Courts.
In litigation there is always a loser and very often both parties walk away feeling as if they have lost. The maxim that only the lawyers win in litigation holds true.
Why simply accept this? It is on this premise that we offer Mediation Services. With mediations both parties have a better chance of each walking away feeling satisfied.
This service is not just reserved for legal disputes or problems. It can be applied to virtually any impasse and can be applied at an early stage before battle lines have been drawn. It can even be used to resolve long standing stalemates.
In particular, in divorce matters, where there is more at play than just assets. We are very often faced with feelings, children and simmering emotions. Divorces tend to be very emotionally draining and highly charged situations, wherein some of the most vociferous litigation takes place.
For a fraction of the cost of an opposed divorce in the High Court, we can act as a Mediator or have a colleague appointed to act as such.

What is Mediation?

Mediation is a process whereby parties between whom a conflict exists approach a neutral third party who will then attempt to facilitate a settlement or agreement between the parties by engaging with them.
The role of the mediator will be establish the needs and the objectives of each the parties and then as a neutral party suggest solutions, negotiate with parties and attempt, using carefully perfected and exercised skills, to establish a meeting of the minds and create a solution which is acceptable to each party.

Without Prejudice:

Unless otherwise specifically agreed to and stipulated by the parties the sessions are without prejudice and ‘off the record’.

Fees:

Mediations are done at an hourly rate which is negotiated with the parties and as a norm, the parties each carry fifty percent of the cost. Should consensus be reached, we will draft an agreement in accordance with same at an hourly fee.
Where necessary, such as in the instance of a divorce, we will attend to having it made an order of court and this will be charged at a fee which will be negotiated with parties. Having become settled, we adopt an unopposed fee structure.

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