Whatshot
Legal Talk
Legal Talk
Date: 2015-01-23
Many judges are openly advocating mediation as opposed to litigation especially in divorce matters because of the high legal costs involved in taking a matter to court. In fact mediation is now made compulsory in many acts of legislation.Mediation has been around for centuries and has been used as a dispute resolution mechanism in many cultures and religions, including Islam and the Zulu culture for example.
Up until recently, there was the misconception about mediation that mediation meant that you had a weak case and was a soft or not entirely recommended option to divorce lawyers.This couldn't be further from the truth. Hence lawyers were reluctant to offer that choice to their clients. Mediation moves away from the normal adversarial approach where each party approaches their own legal attorney to one where the husband and wife themselves take control off their lives.
Mediation is an affordable, efficient, viable alternative to litigation and has indeed changed the legal landscape.When it comes to divorce matters for example, the normal scenario is that a couple about to divorce would usually appoint separate attorneys to represent each of them, hoping to get the best deal they can.
However soon the legal bills from both lawyers start to mount up as does the stress levels of the couple and children. Off course children are caught in the cross fire and are often the hardest hit victims of a divorce. Mediation also helps them to work together as parents after divorce.
The greatest thing about mediation is that it allows divorcing couples to take control of planning their own lives. It's especially beneficial for parents, will need to continue making joint decisions about their children well into the future.The mediation is an independent and neutral 3rd party who will facilitate communications between the disputants with the aim of achieving settlement of the issues in the dispute bet them.
The decision-making process learned in mediation can serve as a model for future communications. The attractions that mediation offers is that provided both parties are committed to the process, it invariable results in a win-win situation for them. There is a tremendous savings in the legal costs - as mediation will cost a fraction of what litigation will cost.
Know your rights! The Law Desk of Fawzia Khan & Associates. We know! We care! We deliver! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.
Fawzia is delighted to announce that she will be profiled on television this weekend. Tune in toSABC 3on Saturday24 January 2015 at 11h00 on the program "An-Nur".