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....

08 Feb

Posted at 11:59h in Mediation

The dreaded "storm out" – a dramatic punctuation mark in the already turbulent narrative of divorce. During divorce negotiations, a powerful display of emotion can often be seen when someone is feeling disrespected, undervalued or angered - this is known as a "storm out". It is a physical reaction, relying solely on non-verbal cues, conveying feelings that cannot be put into words. Whether it is a conscious decision to make a statement or a product of emotional overload, storm outs can often be a clear indicator of the intensity of the situation. ...

05 Feb

Posted at 08:00h in Mediation

Using an unqualified divorce mediator can have serious consequences for your divorce process and outcome. Some of the dangers of using an unqualified divorce mediator are: • You may end up with a settlement agreement that is unfair, illegal, or unenforceable. • Without the proper legal knowledge and expertise, the mediator may not be equipped to help you create a thorough and valid agreement that addresses all aspects of your divorce, including property division, spousal support, child care, and child support. Inexperienced mediators may overlook crucial details or clauses that are vital to protecting your rights and interests. • In the event that your agreement is challenged or questioned in court, you may be forced to restart the process or incur additional costs and delays. Moreover, entrusting your case to an unqualified mediator may prove to be a waste of your valuable time, money, and energy. • They may not be able to manage the emotions, conflicts, and communication issues that may arise between you and your spouse. • They may also not be able to handle complex or sensitive issues, such as domestic violence, substance abuse, or mental health problems. As a result, you may spend more time and money on...

03 Feb

Posted at 08:00h in Mediation

Non-Violent Communication (NVC) is a method aimed at increasing empathy and sustaining respect, based on the principles of nonviolence and equality. This person-centered mode of communication was developed by clinical psychologist Marshall Rosenberg beginning in the 1960s and 1970s. It proposes the following systematic steps in voicing complex expressions with assertion, without aggression: 1. Observation/ Fact: The first step involves making clear and specific observations about a factual situation without judgement. Observations are based on concrete and observable facts rather than interpretations or evaluations. This helps to avoid blame and focuses on describing the situation objectively. 2. Feeling: After making observations, individuals identify and express their feelings related to the situation. It is important to use feeling words that describe emotions rather than thoughts. This step helps participants connect with their emotions and understand how their needs are or are not being met. 3. Need: Next, the individual identifies the needs or values that underlie their feelings. By recognizing and articulating their needs, they can better understand what is important to them in a given situation. Needs are universal and relate to basic human requirements such as autonomy, connection, understanding, and security. ...

02 Feb

Posted at 08:00h in Mediation

The impact of sexual harassment extends far beyond the immediate incident, affecting victims both personally and professionally. Victims who experience sexual harassment may face emotional distress, anxiety, depression, a decreased sense of self-worth, and a decrease in job satisfaction. Beyond the immediate psychological toll, sexual harassment can lead to physical health issues, intensifying stress-related conditions. Moreover, the toxic workplace atmosphere created by sexual harassment can lead to decreased productivity, decreased personal growth, increased turnover, and reputational damage to the organisation, as well as difficulties forming trusting relationships as the trauma effects their ability to form interpersonal connections. The prevalence of sexual harassment can also contribute to a broader culture of fear and silence, as individuals may hesitate to report incidents due to fear of victimisation, retaliation, or disbelief. Overall, the ripple effects of sexual harassment extend beyond the individual, negatively impacting organisational dynamics, societal norms, and the overall well-being of communities. It is imperative to address and combat this issue comprehensively to build a society that values dignity, respect, and equality for all. ...

29 Jan

Posted at 09:40h in Mediation

With the advent of court-referred mediation in Rule 41A of the High Court Rules, mediation and related career opportunities have skyrocketed. Many entrepreneurs, law graduates and attorneys see this as the best time to gain accreditation as a mediator after completing a course and gaining panel membership to a mediation body as such. The superfluous nature of mediation as a career at present has simultaneously offered various career prospects, but also a difficulty in regulation and navigating of this field of newbie mediators. This article seeks to enlighten baby-mediators as to the struggles often faced in the context of the emerging dispute resolution space....

28 Jan

Posted at 17:44h in Mediation

"When all you have is a hammer, everything starts to look like a nail," perfectly captures the potential pitfall of relying on a single approach to conflict resolution. In the world of mediation, this translates to overdependence on certain techniques or strategies, even when they're not the best fit for the situation. Let's explore some common "hammers" in mediation and the unintended consequences of overusing them: 1. The "Quick fix hammer": Driven by the desire for a speedy resolution, mediators might rely heavily on direct proposals or one-sided concessions. While this approach may ...

24 Jan

Posted at 18:07h in Mediation

Trauma-informed mediation involves adapting the mediation process to accommodate the specific needs of trauma survivors. Mediators may implement strategies to manage triggers or emotional distress during the mediation session, such as incorporating grounding techniques, providing breaks, or allowing for additional support persons to be present. Shifting the lens: understanding trauma-informed mediation Unlike conventional models, trauma-informed mediation doesn't merely focus on resolving disputes; it prioritizes the well-being of all parties involved. ...

23 Jan

Posted at 18:17h in Mediation

However, despite its potential, even a single misstep, a poorly chosen word, can shatter the delicate dance of compromise and reignite discord. As participants turn to mediation with the best of intentions, there are some who unknowingly sabotage the process with their words, leading to an unsuccessful outcome. In this vulnerable space, certain phrases have the power to detonate trust and goodwill. So, before venturing into the arena of mediation, equip yourself with the knowledge of what not to say. 1. "There's no way I'll ever agree to that." ...

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