How mediation works
Two sides meet. One agreement leaves.
Mediation is a structured, confidential process in which a neutral mediator helps both sides reach a settlement they choose for themselves.
What mediation is
A mediator does not take sides or hand down a judgment. The mediator runs a fair process, keeps the conversation on the issues and helps both parties find terms they can both sign.
Because the outcome is agreed rather than imposed, settlements reached in mediation tend to be practical, and people are more likely to stick to them.
Mediation suits disputes between people who will still have to deal with each other: parents, family members, tenants and landlords, borrowers and lenders, employees and employers.
The process
The four steps.
From your first call to a signed agreement.
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Step 01
Consultation
Tell us what happened. We listen, read your documents and explain your options in plain language.
Bring your documents. If mediation is not the right route for your matter, we will tell you at this stage.
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Step 02
Both sides at the table
We invite the other party to mediate. Mediation is voluntary, and both sides are heard.
Sessions can be joint, or held separately with each side when that helps.
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Step 03
Fair negotiation
We keep the conversation fair and focused on terms that both sides can live with.
Proposals are tested against the facts and the law, so the terms are realistic.
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Step 04
Settled in writing
The agreement is written up and signed. In a divorce, it can be made an order of court.
If a matter does not settle, we advise you on the next step and can represent you in court.
Compare
Mediation or court?
Court remains available when it is needed. For most of the disputes we see, it works better as the last resort than as the first step.
| Question | Mediation | Litigation |
|---|---|---|
| Who decides | You and the other party agree the terms. | A presiding officer decides for you. |
| Time | Sessions are arranged around the people involved. | You wait for court dates and rolls. |
| Cost | Fewer formal steps, lower legal costs. | Pleadings, hearings and trial costs add up. |
| Privacy | Confidential sessions. | Proceedings are generally public. |
| Relationships | Built for people who still have to deal with each other. | Adversarial by design. |
| Outcome | A signed agreement. In a divorce, it can be made an order of court. | A judgment that one side often appeals or resists. |
Questions
Before you call.
Something else on your mind? Ask us directly. There is no wrong question.
Is a mediated agreement binding?
Yes. Once both parties sign the settlement agreement, it is a binding contract. In divorce and many family matters, the agreement can be made an order of court.
Do both parties have to agree to mediate?
Yes. Mediation is voluntary. We invite the other party and explain the process to them. Many people are relieved to be offered an alternative to court.
What if the other party refuses, or mediation does not work?
Then we advise you plainly on your options and, where it is the right course, represent you in court. Nothing said in mediation takes away your right to litigate.
Is mediation right for every dispute?
No. Where there is domestic violence, or where urgent protection is needed, you should approach the court first, for example for a protection order. We will tell you if mediation is not the right route.
What should I bring to the consultation?
Your ID and any documents about the dispute: for example a marriage certificate, lease, credit agreement, statements, letters of demand or court papers you have received.
How long does it take?
It depends on the dispute and on how many issues there are. Many matters are settled in a small number of sessions, which is usually much quicker than waiting for a trial.
Start a conversation
Tell us what happened. We’ll take it from there.
Send us a short description of your dispute. We read every enquiry and come back to you to arrange a consultation.
- Telephone
- +27 73 982 1195