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Are you concerned about the psychological welfare of your minor children post-divorce?

If so, do you need a parenting co-ordinator, also known as a facilitator?

It will probably depend on whether or not you and your spouse will be able to co-parent effectively with a minimum of conflict!

Parent co-ordination (PC) or facilitation clauses are found in most divorce orders or parenting plans. This clause states that, if there is any dispute between the parents as to when and how they have contact with their children or if they can’t resolve conflict in order to make decisions relating to their children ( such as enrolling them in a new school or travelling overseas on holiday) they will then appoint a parent-co-ordinator/facilitator. The PC/facilitator will hear each parent’s point of view issue and if the parties cannot come to a decision on the issue, he/she will make a final decision in the best interests of the children.

The parent co-ordinator role is useful and cost-effective as it enables enlightened, objective decisions to be made without protracted argument and expensive litigation.

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Commercial disputes

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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.

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Disputes resulting from Deceased Estates

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.

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Matrimonial disputes

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.