DIVORCE & MEDIATION

FAMILY LAW MEDIATION

CHILD MAINTENANCE

DOMESTIC VIOLENCE

CHILDREN'S COURT

LEGAL DOCUMENTS

GENERAL LITIGATION

info@oppermansinc.co.za

Oppermans Inc

Oppermans Incorporated boasts with a number of qualified and trained accredited mediators who will guide parties through a practical and mutually beneficial process of mediation when matters pertaining to your divorce needs to be resolved whether it is your settlement agreement, parenting plan (if applicable), maintenance related or a dispute with regards to care and contact.

 

Simply put, a courtroom is not a place for family law matters. In fact, it’s better to avoid ending up there at all costs. Litigation is very expensive. Mediation is a much faster and more cost effective process and can be far less traumatic for all parties involved.

 

The mediation process engages a neutral attorney from Oppermans Inc. who do not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve a dispute. Mediation is a fraction of the cost of a traditional court case, and more confidential and timeous than lengthy and expensive court battles. In practice we found that mediation is highly effective in resolving conflicts peacefully. Before a mediation starts, both parties are required to sign a AGREEMENT TO MEDIATE document so that they understand the roles of the mediator, the roles of the parties and what to expect.

Family Law Mediation

 

Family Law Mediation is a peaceful, logical, effective and responsible alternative to potential family law litigation – be it a divorce, settlement agreement negotiations, child maintenance matters, child visitation rights or even minor domestic abuse matters. It is the modern, intelligent “way to go”, and the benefits are plain for all to see. It is a form of dispute resolution between two or more parties with material effect on the parties involved.

 

Family Law Mediation is private and confidential, participation is typically voluntary and the mediator acts as a neutral third party and facilitates rather than directs the process.

 

Family Law Mediation take less time which means expending less money on hourly fees and costs.

 

The benefits of mediation are:

 

• Cost—The mediation process generally takes much less time than moving a case through standard legal channels.

• Confidentiality—While court hearings are public, mediation remains strictly confidential.

• Control—Mediation increases the control the parties have over the resolution.

 

Mediation is not for everyone.  Although an estimated 85% of mediations are considered successful in some way or another, mediation may not always result in a settlement that is meaningful if there is a power imbalance between the parties. It is not usually appropriate where there has been serious physical abuse, and it may not work in situations where one (or both) of the parties is unprepared to compromise. That said, many people enter the process with very entrenched positions and still reach a compromise.

 

“Mediation can produce remarkable results in the most unpropitious of circumstances, especially when conducted by one of the several hundred people in this country who have been trained in the process. Unlike settlement negotiations between legal advisers, in themselves frequently fruitful, the process is conducted by an independent expert who can, under conditions of the strictest confidentiality, isolate underlying interests, use the information to identify common ground and, by drawing on his or her own legal and other knowledge, sensitively encourage an evaluation of the prospects of success in the litigation and an appreciation of the costs and practical consequences of continued litigation, particularly if the case is a loser.”   Brassey AJ in the case of Brownlee v Brownlee: 2008/25274

 

 

What is mediation?

In short, it is a process by which a mediator assists the parties in a legal dispute, without going to court.

 

The mediator will:
• facilitating discussions between the parties.
• assisting them in identifying issues.
• exploring areas of compromise.

 

In the event that mediation was successful the mediator will assist the parties in drawing up a settlement order which will be presented to the magistrate as proof that the dispute has been resolved. Alternatively on request of the parties this agreement can also be made an order of court.

Mediation can produce remarkable results in the most unpropitious of circumstances, especially when conducted by one of the several hundred people in this country who have been trained in the process.
×

 

Hello!

Click one of our attorneys below to chat on WhatsApp.

× How can we assist you?