Matrimonial | Rule 41A Mediation | Deceased | Commercial
Mediation is a process in which an impartial mediator helps the parties to negotiate their issues and avoid litigation. Elmarie Neilson is a seasoned mediator who has concluded many successful mediations. Mediation is far less costly than litigation since the parties share the costs of the mediator instead of each party paying separate lawyer fees. Mediation contains and minimises any aggression and resentment before permanent harm is done to the relationships, especially family relationships. Mediation is strictly confidential. This ensures that the parties have an opportunity to discuss issues freely. We honour the confidentiality and respect the parties’ desire to keep matters private.
A real case study from Elmarie Neilson’s files:
A couple separated and the wife moved out of the house with the children. Without having previously been involved in litigation, they unwittingly each chose a very aggressive, litigious attorney. This escalated the conflict.
Two years and hundreds of thousands of rands in legal fees later, they were no nearer to getting divorced. The wife heard of mediation and contacted us.
The first mediation session was very difficult, as the couple had not spoken to each other for 18 months and tensions ran high. Little progress was made, but the prospect of spending another two hundred thousand rand on legal fees was too daunting, so they booked another mediation session.
At the next mediation session the whole divorce was settled within an hour and every issue was resolved. As a bonus, the parties started talking to each other again.
This is the aim of divorce mediation – to find an amicable solution that all parties can live with as opposed to a court case that can destroy many relationships and is very costly. However, any matrimonial dispute that is not serious enough to cause divorce can be mediated.
We have even mediated between parents and teenage children who were not able to communicate with each other.
The executor of a deceased estate cannot get involved in disputes between heirs or potential heirs. In the past, the parties had no option but to resort to litigation and often they could not afford lawyers, resulting in someone losing out on an inheritance.
This is where our mediator steps in. We mediate the dispute quickly at far less cost than litigation costs. Since the disputing parties are often family members, it is important that the aggression and resentment is dealt with immediately, before permanent harm is done to the family relationships.
Mediation also ensures that the process of winding up the estate is not delayed and payment of an inheritance is done quickly.
Mediation is a process in which an impartial and independent third party facilitates communication and negotiation and promotes voluntary decision making by the parties to a dispute to assist them to reach a mutually acceptable solution.
Section 129 of the National Credit Act states that a person who cannot pay their debt may ask for the matter to be resolved by mediation. We are qualified and capable of assisting you with this.
Choosing the right person or third party to mediate delicate matters in the commercial field could prevent you having to pay the massive legal fees that Commercial Court cases may cost.