Change Your Legal Experience!
Mediation is the process whereby a neutral third party, a Mediator, helps the parties to negotiate and agree on a solution to their dispute. The Mediator is facilitative and has no decision making powers. The parties agree when and where the mediation takes place and the matter can be resolved within weeks.
In mediation, communication channels are opened/unblocked, which provides the opportunity for a mutually beneficial outcome to be achieved. Relationships between parties are preserved/sustained, which - in most instances - is crucial. The other advantages of mediation are:
Direct addressing of needs
Personal control of the process
Confidentiality and privacy
Sustainment/Sustaining of relationships
What is a dispute ?
A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim or demand on one side, met by contrary claims or allegations on the other.
noun: aggressive argument / discord
verb: be at cross purposes, negative, not agree
Different processes used to resolve disputes in South Africa:
Litigation is the process of bringing or contesting a legal action in a Court of Law. This process is regulated by the Magistrate and High Court Rules respectively. A party to such a process of litigation is represented by an Attorney and – on some occasions – an Advocate as well. The duration from inception to finalization may vary from one to several years, depending on various factors.
Arbitration is the process whereby an Arbitrator is appointed in a private judicial hearing. The parties in a dispute choose an Arbitrator or request the Arbitration Foundation of South Africa (AFSA) to appoint an Arbitrator. AFSA has drafted Rules for the Arbitration process. A party to this process can represent him/herself, appoint an Attorney and may sometimes appoint both an Attorney and an Advocate
We specialize in the process of transferring ownership of immovable property from one person to another, called conveyancing. As conveyancers we possess specialized skills and knowledge relating to property law that allows us to offer the best possible advice and service to our clients. We literally serve as the "production line" in preparing documents to eventually be registered by the "quality controllers" in the Deeds Office.We further offer other specialized services provided by a notary public, such as the registration of ante nuptial contracts, servitudes and lease agreements.
Can anyone afford not to have estate planning in place? Estate planning is a process whereby a person during his own lifetime, and in relation to his estate, chooses in contemplation of his death, to take charge of the juridical, financial, economical, social and other needs of his family and beneficiaries.
This involves making informed decisions regarding the disposal of his assets and liabilities and putting a plan in place to regulate how, when and by whom what should be done.
It is a “multi-disciplinary” science that expects the estate planner to have a thorough knowledge of tax law, family law, law of succession, corporate law, trust law, law of persons and things, several statutes, short and long term insurance and various forms of investments.