Avoid long costly court battles – mediate don’t litigate

Litigation is a stressful and expensive experience. Whether it is a divorce, child custody, inheritance, or commercial dispute, going to court to litigate, costs a great deal in time, money and emotional well being.  There is an alternative way to resolve a dispute without a protracted and expensive legal battle, through mediation.

Mediation is a process where a skilled and neutral third party (usually an attorney, psychologist or social worker) assists parties or families in conflict by facilitating and exploring options to settle their particular dispute. The mediator will manage the parties’ negotiations and the parties are afforded an opportunity to arrive at their own mutually acceptable solutions.

Once a mediator is appointed the parties attend a number of sessions with the mediator. During these sessions each party will be given an opportunity to voice their concerns, make suggestions and explore options for resolving the dispute.

Mediation should always be a preferred option in a dispute as it can achieve remarkable results.

Mediation is preferable for the following reasons:

1. It is faster than going to court as a dispute is usually resolved within a few weeks;
2. Mediation is conducive to conciliation and problem solving;
3. The environment is non-confrontational versus the hostile and antagonistic litigation environment;
4. The focus is on the interests of the parties;
5. It is inexpensive as individuals negotiate directly with one another rather than using attorneys to represent them on all issues;
6. Participants enjoy a level of confidentiality which is not generally available through litigation;
7. Mediation provides a greater degree of control as individuals are a part of the decision-making process.

The ultimate goal of mediation is to find workable, long-term solutions that are then recorded in a settlement agreement which is signed by both parties and made an Order of Court, where appropriate.

For further information contact Ashley Curran, an accredited mediator and Director at Curran Attorneys, on (021) 671 9322 or ashley@curranattorneys.co.za.