23 Apr

Posted at 09:54h in Mediation

In the world of mediation, where the primary ethos is about bridging divides and promoting understanding, the presence of unethical mediators can significantly undermine the profession’s integrity and efficacy. As the practice becomes increasingly mainstream in resolving disputes across various domains—be it business, family, or civil matters—the spotlight turns on the quality and ethical standards of the mediators themselves. The overconfidence in resolution One of the critical concerns within the realm of mediation revolves around mediators who possess an inflated belief in their ability to resolve any dispute. The old saying of “When the only tool that you have is a hammer, then everything looks like a nail” rings very true. ...

18 Apr

Posted at 22:12h in Mediation

In South Africa, a parenting coordinator (PC) is a professional who assists parties in resolving parenting disputes, particularly in high-conflict situations. Here's a detailed overview of their role, appointment, duties, benefits, and the circumstances under which they are employed: Appointment Parenting coordinators (PCs) are designated to reduce the harmful impact of ongoing high-conflict co-parenting situations on children, the legal system, and the families involved. Despite the absence of specific laws in South Africa for PC appointment, courts can recommend parents for parenting coordination if it is in the best interests of their children. This appointment can be ordered by the court, included in a parenting plan, or agreed upon by the parties and approved by the court. ...

26 Feb

Posted at 08:00h in Mediation

When allegations of child abuse arise during a mediation session, the mediator must navigate a delicate balance between maintaining the confidentiality of the mediation process and fulfilling their duty to report suspected abuse. The mediator's primary responsibility is to ensure the safety and well-being of the child in question. A couple of legislation deals with either the mandatory or the discretionary reporting of child abuse....

23 Feb

Posted at 08:00h in Mediation

The concept of blended families has become increasingly prevalent in the evolving landscape of modern families. Blended families, formed through remarriage or re-partnering, bring together individuals with diverse backgrounds, experiences, and expectations. While blending families can offer the promise of new beginnings and enlarged support networks, it also introduces unique challenges. Mediation plays a crucial role in addressing these challenges, providing a constructive and communicative framework for fostering harmony and understanding within blended families....

20 Feb

Posted at 07:53h in Mediation

Divorce can be a tumultuous journey, and many individuals seek out aggressive "pit bull" lawyers in the hopes that their fierce representation will secure the best outcome for their children. However, before you unleash a legal attack dog, it's important to carefully consider your options. Despite the belief that a courtroom showdown is the answer, practice has shown that what's truly in the best interest of your children may not be found in an acrimonious court battle. Divorce is a difficult and emotionally charged process for all parties involved, especially the children. When a marriage ends, parents must make tough choices about dividing assets, debts, and time with their children. ...

16 Feb

Posted at 08:00h in Uncategorized

Mediators must act as a vessel for communication to facilitate rational understanding and clarification among participants to the discussion. Here are a few ways the mediator can utilise active listening in the context of a roundtable discussion: Capturing Key Points As participants share their perspectives, the mediator actively listens to identify and capture the key points of their statements. This involves paying attention to both the content and the emotional tone of what is being said. Where participants express emotionally-laden views, the mediator must subtly take note of practical issues that are raised so as to keep participants on the right track to resolution. Rephrasing perspectives and clarifying narratives Rephrasing is the act of expressing information in a different form while maintaining its original meaning. Mediators can find rephrasing useful as it enables them to communicate complex ideas more clearly, bridge communication gaps, and facilitate understanding among conflicting parties by presenting content in a way that resonates with diverse perspectives. ...

13 Feb

Posted at 08:00h in Mediation

Economic abuse is a type of abuse that differs from financial mismanagement in its deliberate use of finances and resources to gain power and control in a relationship. Its end goal is to create a sense of dependence, limit opportunities, and perpetuate a cycle of fear and isolation. Unlike other visible forms of abuse, like physical or verbal aggression, economic abuse can often be elusive and tough to uncover. However, with a trauma-informed mediator leading the way, subtle hints and cues can reveal the underlying dynamics at play. As you guide couples through mediation, make sure to keep a watchful eye and stay attuned to these intricate dynamics....

12 Feb

Posted at 08:00h in Mediation

The bully mediator doesn't wield a fist, but their weapon is far more insidious – power dynamics and emotional manipulation. Here are some of the tactics they might employ: • Bait-and-switch: Initially presenting themselves as impartial, they gradually shift their position, favoring one party and subtly disparaging the other. • The ticking clock: Instilling fear by emphasizing the financial and emotional costs of protracted litigation, pressuring clients to settle quickly, regardless of their comfort level. • Playing on vulnerabilities: Exploiting insecurities, financial anxieties, or fears for the children to extract concessions and push clients towards unwanted agreements. • The "bad cop, good cop" routine: Working in tandem with one party's lawyer to create a hostile environment, making the client feel isolated and desperate for the "mediator's good graces." ...

09 Feb

Posted at 23:59h in Mediation

In a world where conflicts are inevitable, the approach we choose to resolve them can make a profound difference. Mediation and litigation represent two distinct paths towards resolution, each with its own set of advantages and disadvantages. However, as we navigate an ever-evolving legal landscape, the benefits of mediation are becoming increasingly evident. Mediation: A Collaborative Dance Mediation is a voluntary process where a neutral third party, the mediator, facilitates communication and negotiation between disputing parties. Unlike litigation, mediation encourages collaboration, allowing participants to actively engage in finding common ground. The mediator doesn't impose decisions but guides discussions towards mutually agreeable solutions....

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