DIVORCE & MEDIATION

FAMILY LAW MEDIATION

CHILD MAINTENANCE

DOMESTIC VIOLENCE

CHILDREN'S COURT

LEGAL DOCUMENTS

GENERAL LITIGATION

info@oppermansinc.co.za

Oppermans Inc

The benefits of mediation vs litigation

MEDIATION
LITIGATION
Cost effective and affordable
Exorbitant legal fees incurred, which could rather be used for providing for yourself and your family
Your divorce can be finalised after only a few mediation sessions
The court process can take months or years to finalise
Negotiation and problem-solving between parties is encouraged
Negotiations are not often encouraged, or they are hostile
Legal expertise provided to help parties make informed decisions
Legal advice given in a manner that does not encourage parties to consolidate their views
Non-adversarial and diplomatic environment
Adversarial and threatening environment
Ensures families and children are protected from the effects of divorce
Families and children are negatively affected by the litigation process
Ability to make rational decisions for yourself and your family
Decision is left to a Judge who does not know your individual circumstances
Mediation is encouraged by the courts in family matters
A negative inference may be drawn by the court if the parties have not attempted mediation prior to litigating their divorce
Confidential and private
The court and anyone else involved in the divorce proceedings are made privy to sensitive information about you and your family

The difference between lawyers and mediators

 

Both mediators and lawyers are professionals who work with alternative conflict resolution, mediation and law are distinct professions. Training and experience as a lawyer is considered a good background for becoming a mediator, mainly because lawyers already know how to interpret laws and analyze complicated matters.

 

An experienced family law attorney has the right combination of knowledge and experience to become a good family law mediator, just as a lawyer who has broad experience representing businesses generally has the right background to mediate contract or employment disputes. It is not necessary, however, for a mediator to be a lawyer, provided that the mediator has gained accredited training of the applicable law through some other kind of experience.

 

Does an attorney-mediator give legal advice?

 

A mediator who is also an attorney is generally highly skilled at providing legal information, but the attorney-mediator cannot give legal advice. The attorney acting as such is unbiased and cannot takes sides and give one party legal advice or assistance to the detriment of the other party. However, having a legal background could be very beneficial as both parties will be guided to reach their own solution which is 100% within the boundaries of the law as the attorney-mediator still has a legal obligation to uphold the law.

 

What does a divorce mediator do?

 

A divorce mediator is a professional mediator who helps divorcing couples resolve all of the legal issues that are part of their divorce. Common issues include things like how to divide marital property equitably, whether or not maintenance (whether child maintenance or spousal maintenance) is appropriate, and what kind of parenting plan will work once two separate households are established. Because divorce generally requires resolution of multiple issues and is often accompanied by particularly challenging emotions, divorce mediators require additional training to ensure that they will be competent to handle all potential situations that may arise in divorce mediation.

Training and experience as a lawyer is considered a good background for becoming a mediator, mainly because lawyers already know how to interpret laws and analyze complicated matters.
×

 

Hello!

Click one of our attorneys below to chat on WhatsApp.

× How can we assist you?