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22 Feb

Posted at 08:00h in Mediation

Conflict is inevitable in the dynamic landscape of modern workplaces. Whether stemming from interpersonal tensions, discrimination, or contractual disputes, resolving workplace conflicts promptly and effectively is critical for maintaining a harmonious and productive workplace environment. Two methods for resolving disputes, mediation and litigation, offer different approaches to addressing workplace disputes. In this blog, we delve into the comparative effectiveness of mediation and litigation in resolving workplace disputes, weighing their respective merits and drawbacks....

20 Feb

Posted at 07:53h in Mediation

Divorce can be a tumultuous journey, and many individuals seek out aggressive "pit bull" lawyers in the hopes that their fierce representation will secure the best outcome for their children. However, before you unleash a legal attack dog, it's important to carefully consider your options. Despite the belief that a courtroom showdown is the answer, practice has shown that what's truly in the best interest of your children may not be found in an acrimonious court battle. Divorce is a difficult and emotionally charged process for all parties involved, especially the children. When a marriage ends, parents must make tough...

16 Feb

Posted at 08:00h in Uncategorized

Mediators must act as a vessel for communication to facilitate rational understanding and clarification among participants to the discussion. Here are a few ways the mediator can utilise active listening in the context of a roundtable discussion: Capturing Key Points As participants share their perspectives, the mediator actively listens to identify and capture the key points of their statements. This involves paying attention to both the content and the emotional tone of what is being said. Where participants express emotionally-laden views, the mediator must subtly take note of practical issues that are raised so as to keep participants on the right...

13 Feb

Posted at 08:00h in Mediation

Economic abuse is a type of abuse that differs from financial mismanagement in its deliberate use of finances and resources to gain power and control in a relationship. Its end goal is to create a sense of dependence, limit opportunities, and perpetuate a cycle of fear and isolation. Unlike other visible forms of abuse, like physical or verbal aggression, economic abuse can often be elusive and tough to uncover. However, with a trauma-informed mediator leading the way, subtle hints and cues can reveal the underlying dynamics at play. As you guide couples through mediation, make sure to keep a watchful...

12 Feb

Posted at 08:00h in Mediation

The bully mediator doesn't wield a fist, but their weapon is far more insidious – power dynamics and emotional manipulation. Here are some of the tactics they might employ: • Bait-and-switch: Initially presenting themselves as impartial, they gradually shift their position, favoring one party and subtly disparaging the other. • The ticking clock: Instilling fear by emphasizing the financial and emotional costs of protracted litigation, pressuring clients to settle quickly, regardless of their comfort level. • Playing on vulnerabilities: Exploiting insecurities, financial anxieties, or fears for the children to extract concessions and push clients towards unwanted agreements. • The "bad cop, good cop" routine: Working in tandem with...

09 Feb

Posted at 23:59h in Mediation

In a world where conflicts are inevitable, the approach we choose to resolve them can make a profound difference. Mediation and litigation represent two distinct paths towards resolution, each with its own set of advantages and disadvantages. However, as we navigate an ever-evolving legal landscape, the benefits of mediation are becoming increasingly evident. Mediation: A Collaborative Dance Mediation is a voluntary process where a neutral third party, the mediator, facilitates communication and negotiation between disputing parties. Unlike litigation, mediation encourages collaboration, allowing participants to actively engage in finding common ground. The mediator doesn't impose decisions but guides discussions towards mutually agreeable solutions....

08 Feb

Posted at 11:59h in Mediation

The dreaded "storm out" – a dramatic punctuation mark in the already turbulent narrative of divorce. During divorce negotiations, a powerful display of emotion can often be seen when someone is feeling disrespected, undervalued or angered - this is known as a "storm out". It is a physical reaction, relying solely on non-verbal cues, conveying feelings that cannot be put into words. Whether it is a conscious decision to make a statement or a product of emotional overload, storm outs can often be a clear indicator of the intensity of the situation. ...

07 Feb

Posted at 23:59h in Uncategorized

In the infinite tapestry of African cultures, mediation has long been woven into the fabric of societal norms, serving as a cornerstone for resolving conflicts and promoting harmony within communities. With roots stretching back centuries, mediation practices in Africa are deeply ingrained, reflecting the continent's rich diversity and traditions. The long history of mediation in African communities dates back to pre-colonial times, when elders, chiefs, and other respected figures acted as mediators in all manner of conflicts. ...

05 Feb

Posted at 08:00h in Mediation

Using an unqualified divorce mediator can have serious consequences for your divorce process and outcome. Some of the dangers of using an unqualified divorce mediator are: • You may end up with a settlement agreement that is unfair, illegal, or unenforceable. • Without the proper legal knowledge and expertise, the mediator may not be equipped to help you create a thorough and valid agreement that addresses all aspects of your divorce, including property division, spousal support, child care, and child support. Inexperienced mediators may overlook crucial details or clauses that are vital to protecting your rights and interests. • In the...

03 Feb

Posted at 08:00h in Mediation

Non-Violent Communication (NVC) is a method aimed at increasing empathy and sustaining respect, based on the principles of nonviolence and equality. This person-centered mode of communication was developed by clinical psychologist Marshall Rosenberg beginning in the 1960s and 1970s. It proposes the following systematic steps in voicing complex expressions with assertion, without aggression: 1. Observation/ Fact: The first step involves making clear and specific observations about a factual situation without judgement. Observations are based on concrete and observable facts rather than interpretations or evaluations. This helps to avoid blame and focuses on describing the situation objectively. 2. Feeling: After making observations, individuals identify and...

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