Did you know that there is a less costly and time consuming way to obtain a Divorce? It is common knowledge that litigated divorces are expensive and take years in some cases, and often leaves one party walking away frustrated and bitter and in a losing situation. Mediations on the other hand, are quick and efficient without cumbersome procedural agreements allowing for a win-win situation as opposed to a lose – lose scenario, one of the reasons being that the parties are in control of the outcome, thereby, eliminating the risk of having an outcome imposed upon them by a third party. How does Mediation differ from a court process one asks? In mediation the two parties work towards an agreement with the assistance of a third party, taking into account the parties under lying interests and needs. Litigation on the other hand is a process in which the courts impose binding decisions on the disputing parties in a process operating at the level of legal rights and obligations, rather than the needs and interests of the parties.
A mediator is not there to find anything out, let alone make a ruling on what emerges after investigation: rather the task is to manage the process which enables the parties to find out each other’s positions and interests off the record, and to assist them in negotiating their own settlement in the light of what emerges. Information exchange is for the mutual benefit of the parties and not for the mediator, who cannot compel answers to any question posed.
Mediators are able to assist you to reach a quick and amicable agreement, that is a far less costly solution than litigation, and at the same time minimizing conflict.
Mediators cannot advise individual parties as to their rights and interests – this is a job for their lawyer. Any myth that mediation takes work away from lawyers needs to be exploded, they are vitally necessary as advisers in mediations and what they do there is entirely different from what mediators do
In terms of the Children's Act, it is compulsary for unmarried parents to mediate in the event there is a dispute regarding whether or not an unmarried father fulfills the requirements under the Children's Act to hold automatic responsibilities and rights, furthermore, It is anticipated that in future legislation, it will become mandatory for all parties with children to mediate a Parenting Plan.
It is becoming increasingly clear that the Labour Relations Act has not been successful in one of its main intentions, and that is to create a co-operative approach in the workplace, workplace relations improved slightly in the nineties from the “bad old days of the eighties”, however, stats show that it’s becoming steadily worse during the 2000s.
By utilizing the services of a Workplace/Labour Mediator, the parties will have less formalities to comply with, whereby, no paperwork needs to be served on the other side, the process can be initiated more quickly as there is no waiting period for the dispute to be set down as the parties decide on the date, time and place themselves, so there is flexibility in scheduling. Lastly there is no delay or waiting period in the process waiting for decisions from others it can take place swiftly at a pace that the parties choose. The added advantage is that there is less disruption to the workplace as everything takes place on site.
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