Divorces can be a stressful and often messy ordeal. So often a divorce is dragged out, because parties disagree about the smallest thing. The longer there is dissagreement, the more the divorce costs. WCAM sits down with the parties prior to the divorce and assist in reaching divorce agreement amicably.
The loss of a loved-one is never easy and people are emotional which often leads to conflict. People fight over inheritance and in most cases this was not the intention of the deceased. This finally leads to unnecessary family feuds.
In every business it is inevitable that diputes will arise. Whether between employer and employee, between fellow employees, or even between directors or managers. There are also constant disputes between the business and its clients. The effect of these types of disputes can have dire negative effects on business.
The goal of government is to provide services to the public and to represent and act in the best interest of the people. This creates a very volatile situation and disputes are always eminent. These types of disputes will always have an impact on the poorest and it is advisable that government resolve disputes through a process of mediation.
Buying property is probably the biggest investment someone makes in their lives. This however, is not always as smooth and easy as it sounds and we constantly face disputes around property. Whether it is neighbours disputing over property rights or disputes surrounding agreements relating to property. In the court decision of Brownlee v Brownlee, the judge imposed a punitive costs order, because a party and their attorney had not been willing to try mediation.
The most common disputes arises between the property owner, building contractor, and electrical contractor. These often end in costly lawsuits. Whether it's during the course of construction or after completion, mediation is arguably the most satisfying of dispute resolution methods for construction disputes.
A delict is a term in civil law, used when a person intentionally or negligently breach a of duty of care that inflicts loss or harm. These normally trigger legal liability for the wrongdoer, however the courts favour the settling of such claims through mediation. Our courts have huge backlogs and using mediation to reach an out-of-court agreement, not only helps addressing court backlogs, but it is also less stressful and cost effective.
Unrest is the community is common in South Africa. Spiritual leaders try their best and are doing amazing work to assist in disarming potential disputes. Mediators are however trained extensively to investigate and probe the vested interests of parties. Community and Spiritual leaders are sometimes too involved in these communities and an independent person such as a mediator can resolve community disputes much more effectively.
The agriculture industry lies at the very heart of our country's economy and disputes in this sector therefore have tremendous effects on the economy. Disputes vary from simple illegal land occupation to disputes directly impacting on agricultaral growth. These types of disputes are amongst the most expensive to litigate and therefore mediation is a very viable alternative to speedily settle agriculture disputes.
The WCAM is very invested in labour relations and our experience in this field are extensive. Many industries are unionised, however the private sector heavily relies on institutions like the CCMA to resolve labour disputes. In many cases labour disputes can be resolved in a few hours. A dispute between employer and employee can have detrimental effects on business and in certain cases have resulted in smaller businesses having to close down. Our economy can grow through having small businesses with sound labour relations practices and WCAM have experts in the field of labour relations.
Another term in civil law, defamation relates to any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. Mediation is a process that can most probably best relate to these disputes, given that it involves a person's interest and importantly their feelings.
Mediation can be used for almost any non-criminal case, although certain criminal cases can be resolved through mediation. The WCAM is constantly involving and partners with some of the top mediators in the Western Cape. Not only do we provide mediation services, but we also provide other services to mitigate the prospect of future mediation. For example, assistance with Wills & Testaments, Labour relations practices and more. Feel free to enquire about our services.