Western Cape Affiliated Mediators

“Win-win is an attitude, not an outcome.” — Don Boyd

About us


Nino Hendricks

Founder

Adv.Joseph Isaacs

Co-founder

Nino Hendricks started the W.C.A.M with the aim to assist people in settling disputes in an amicable manner, out of court.
Together with a team of highly skillful mediators we assists parties in resolving their dispute themselves, opposed to litigation & arbitration where a dispute will be decided by a magistrate, judge or arbitrator. We focus on the underlying concerns, the interests of parties and exploring ways in how they can be satisfied. Our mediators encourage creative thinking, invariably optimising value for both parties with win/win outcomes. In litigation (court, lawsuits, etc.) complex and time consuming processes result in win/lose outcomes, regardless of whether or not the legal outcome is what the parties really want.
Mediation is a voluntary process that deals with issues and problems that have likely been generated by unresolved conflict. We put a highly skilled and independent mediator into the situation, to help resolve the issue. The mediator's role is basically to (1) manage and facilitate the problem-solving dynamic, and (2) try to understand the background the conflict is embedded in.

These professional skills, combined with the desire of the parties involved to deal with their difficulties honestly, are what makes our mediation process so powerful and successful, with win/win outcomes.

What types of disputes can be mediated?


Divorce

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.

Inheritance - Wills

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.

Business/Commercial

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.

Governmental

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.

Property

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.

Construction

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.

Delictual claims

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.

Community and peace making

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.

Agriculture

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.

Workplace/Labour

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.

Defamation

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.

General / Non-criminal

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.

Get in touch


To request our assistance...
WCAM Contact Form
Main Office
Constitution Street, Caledon, 7230, Western Cape
Mediation Offices
Please note that we use various locations across the Western Cape for the mediation sessions, but will at all times choose the most central location to the parties.
Contact details
Phone: (021) 200 01 66
Fax: (086) 218 79 85
Email
consult@wcam.org.za
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