Most individuals and companies are contracting on a daily basis, buying or selling, leasing etc. Often these agreements are broken. When this happens to you, what are your alternatives?
Normally you would first engage with the other party directly in order to overcome the problem. You may write to him/her or meet with them. If both parties know an independent or impartial 3rd party, such as a community or religious leader, an elder or mentor, they may wish to meet with the other party in the presence of such a person for advice or guidance.
If none of this bears any fruit you have to decide whether you accept the situation as a foregone conclusion and move on, or whether you want to take any legal action. At this point in time, you can also consider mediation.
Mediation is an alternative to litigation or, should it not be successful, a forerunner to litigation. When you consult with an attorney about a legal matter, mediation is an option which you should contemplate before instituting legal action.
In short, mediation is negotiation under guidance of a trained and accredited mediator. The mediator is impartial, does not advise one party against the other, does not make a ruling of right or wrong, but expertly assists the parties to find solutions which are mutually acceptable and beneficial. Mediation has a very high success rate, is a voluntary, confidential and without prejudice procedure, quick to arrange and to conduct, and relatively inexpensive.
In summary: mediation is safe, quick, cheap and effective.
Make sure your attorney gives you the option of mediation before engaging in litigation.
For more information contact:
Chris at chris@chrisfick.co.za : 082 491 0032 / 021 424 3937 ext 24
MC at mc@chrisfick.co.za : 082 349 4582 / 021 424 3937 ext 20