Online Mediation Centre
  • Home
  • About
  • Mediation Services
  • Mediation Explained
  • Frequently Asked Questions
  • Start the Process
  • Costs
  • Contact
  • Blog

The Mediation Blog.

Mediation

3/16/2021

0 Comments

 
Mediation
In divorce mediation, a separating couple works with a neutral mediator who assists the two parties to arrive at a settlement on every aspect of their divorce. The mediator may or may not be a lawyer, but he/she must be exceptionally experienced in divorce as well as family law. In addition, it is essential for the mediator to be unbiased and not advocate for either party. Each party still need to consult with their own, individual attorneys during the course of the mediation as well as prior to putting their signature to the ultimate divorce settlement agreement.

Here are a couple of advantages and disadvantages to give consideration to prior to choosing if mediation will work for you.

Advantages
  • Result in a much healthier long-term relationship with your ex-husband because you will not “fight” in court.
  • Be much easier on children because the divorce proceedings may be a lot more calming.
  • Expedite an agreement.
  • Decrease expenses.
  • Assist you stay in control of your divorce simply because you are making the decisions (and the court isn’t).
  • Allow for more discretion. Mediation is private.

Disadvantages
  • Waste time and money. If negotiations fail, you’ll need to start all over.
  • Be incomplete or unduly favorable to one spouse. If the mediator is unskilled or biased towards your spouse, the result could be undesirable for you.
  • Result in an unenforceable agreement. A mediation agreement that’s disproportionate or poorly drafted can be challenged.
  • Lead to legal problems. Any issue of law will always need to be ruled upon by the court.
  • Failure to uncover specific assets. Because all financial information is voluntarily shared and there is no subpoena of records, your spouse might possibly hide assets/income.
  • Reinforce bad behavior patterns. If one is controlling and the other is submissive, the final settlement may not be fair.
  • Fuel emotions. Mediation might enhance unfavorable behavior of a spouse with a tendency for physical/mental or drugs/alcohol abuse.

Husbands and wives frequently hear about the wonders of mediation and how it is apparently a better, less controversial, less costly and more “dignified” way to get a divorce. Nevertheless, my greatest issue with mediation is that the main role and goal of the mediator is to get the parties to arrive at an agreement.  Always remember, the mediator can not render any advice. All they can do is attempt to get you to consent. Regrettably, not all agreements are great agreements, and in fact, in numerous cases, no agreement is much better than a bad agreement.
0 Comments

Online Mediation

3/13/2021

0 Comments

 
Online Mediation South Africa

The traditional notions of socializing, conducting business, and expression are changing as we enter the Digital Age, an era characterised by the instant access to information and ideas with just a click of a mouse.  As the Internet evolves day-to-day elements of our lives, it comes as no surprise that the Web has penetrated its way into the world of mediation.    Skeptics of online mediation have opposed the new forum because of to the inability to communicate face-to-face and the lack of familiarity with the cyber-environment.  Nowadays, however, online mediation is no longer seen as an experiment.  

Mediation developed as a response to the challenges associated with the judicial process.  Litigation costs, court backlog, and the inherent adversarial system associated with court action proceedings rendered mediation as an appealing forum for disputants. 

As parties enter the cyber-office for online mediation, there are many benefits relating to its pragmatism and expediency.  For instance, the parties do not need to synchronize their schedules and retreat from their daily lives and travel to physical site to convene.  Each party may enter the world of mediation at his or her convenience from the convenience of the home with taps on a keyboard.  Moreover, the challenges associated with the choice of jurisdiction may have made conflict resolution completely unfeasible without an online forum.  Consequently, in many situations, mediation may be the sole medium to fill the void for disputants separated in distance. 

The casual and convenient nature of mediation is illustrated further with online mediation.  Online mediation is not restricted by borders, facilitating a dialogue for people who are physically separated due to geography.  Furthermore, the parties may use the process from the comfort of their own homes.  Problems relating to the choice of a particular mediator can be more easily resolved.  The mediator is no longer restricted to disputes in his/her geographical.  

Online mediation is a suitable alternative to conventional mediation for divorce disputes.  Issues that pertain to divorce, especially if a custody battle is involved, are intensified with high amplitudes of emotion and miscommunication.  An online forum is much less confrontational than a face-to-face mediation, a beneficial element for family disputes. 

There is no question that remote mediations are convenient. The mediation is facilitated from the comfort and ease of your own home, permitting wider flexibility of schedules and accessibility to your professional. No more combating traffic for an hour each way for that two hour session at the mediator’s office. 

Online mediation platforms can easily allow for face to face virtual contact, whilst also permitting the mediator to share their screen when working with maintenance calculations, preparing draft provisions, and detailing issues and proposals on a virtual “white board”. 

By holding mediations virtually, parties and mediators likewise are in a position to save money on travel expenses such as petrol, parking, flights, and accommodations. Usually, the further each individual is from each other, the higher the savings achieved from holding mediations virtually. Furthermore, mediators and participants likewise are able to save time by meeting remotely. 
0 Comments

    Bertus Preller

    Bertus Preller studied at the universities of the Free State and Johannesburg. Bertus is an experienced mediator and arbitrator. He is the author of Everyone's Guide To Divorce and Separation, published by Random House (2013) and he writes regularly on news24.com. He is also the founder of Divorcelaws, South Africa's premier website on Family Law. 

    Archives

    March 2021

    Categories

    All
    Family Law Mediation
    Mediation
    Mediator
    Online Mediation

    RSS Feed

Online Mediation Centre South Africa

Online Mediation Centre
​Suite 102
16 Beach Estate Blvd
Big Bay, Cape Town, 7441
​South Africa
​Copyright 2022 - Online Mediation Centre. All rights reserved.
​
​Privacy Policy - Cookie Policy

​Powered by LawSplash
  • Home
  • About
  • Mediation Services
  • Mediation Explained
  • Frequently Asked Questions
  • Start the Process
  • Costs
  • Contact
  • Blog