Services

Having served mainly in the legal profession for the past 40 years (which followed 5 years in Engineering Insurance), and having also worked as a professional speaker and trainer throughout my legal career, I felt that my 70th birthday called for a change in direction and pace (see the “About Us” page). So here I am, to present a very simplified explanation of a range of aspects, the core of which are the following:

Mediation

I am a trained mediator, having been trained by the ADR Group, brought out from London by a small group of mediators and aspirant mediators in Durban. We were trained, and then became trainers ourselves, in the vital aspects of this now fast-growing area of Alternate Dispute Resolution.

The Mediator – the facilitator of the process, he or she does not make a judgment or finding, but merely guides the process in order to ensure fairness from the opposing parties. They are a neutral official, in charge of the process but not ‘taking sides’, so as to ensure that the outcome of the process reflects a genuine agreement between the opposing parties. Lawyers, both fully qualified and experienced, are preferred for this role. It can be challenging for them however, as mediation requires a wholly different approach than that that rules in a courtroom.

Mediation Advocacy - that is, a professional, usually a trained lawyer, who presents the case for one or the other of the parties. The process of mediation is intended to be non-confrontational, an attempt to arrive at agreement rather than risk the judgment of a judicial officer, in which there is usually one winner and one loser, with the costs usually being borne by the loser. Therefore, the process is more of a discussion, or debate, than a fight such as one would see in a courtroom.

The “Opponents” – this term applies of course to the opposing parties. They are often referred to not as opponents, as this word suggests aggression, so the word we use for those involved in the process is “counter parties”.

Family Mediators - this is the general term used when the counter parties are involved in a dispute that deals with the aspects normally dealt with by a Family Court, incorporating things such as divorce, adoption, access (visitation) to minor children, maintenance, Elder Law, the rights and interests of the disabled (whether temporary or permanent), and resulting from a birth defect or post-birth injury from an accident of criminal/negligent act, rendering the victim/patient incapable of managing their own affairs. This group can also include people with psychological problems or those who are subject to mental instabilities, substance abuse, and addiction – common to the member of this group is the inability to manage their own affairs.

General or Non-family Mediators - these mediators cover a wide range of disputes, from engineering damages, product liability, disputes between land-owners (usually regarding the positioning of boundaries or the right to water), arguments over the minerals or other assets beneath the ground (gold, diamonds, water, other collectable, life-sustaining or otherwise valuable items).

We differentiate these mediators from family mediators due to the very different experts, evidence, and principles (e.g. a child’s right to visit both parents). The mediators themselves, and indeed even the mediator, might also require different training to enable the topics to be discussed and understood by all parties. Some companies – the insurance industry is a good example, as is politics, have entire teams of highly qualified and experienced mediators. It is stimulating to attend (and to mediate) interaction such as this.

We offer our services in all these areas – often, together with other professionals, if we need input from highly specialised experts.