Mediation is all about listening to the evidence, helping the clients come to understand each other’s viewpoint regarding the controversy, and then facilitating the negotiation of a voluntary resolution.
Michael J Hopwood is a seasoned, accredited commercial / court aligned mediator who trained at the University of Cape Town’s Law Faculty.
He then decided to make a change into the commercial and industrial property sector. Since then he has run a successful brokerage for the past 18 years.
Along the way, Michael attained a master’s degree at the university of “life of hard knocks” and that brought him to the point where making a meaningful difference in people’s lives became more important than chasing money.
Mediation Process
The mediation process in simple terms allows parties to make and offer any options they deem relevant to seeking a suitable outcome, whilst not being bound by anything they concede to or any option presented during discussions until such time when both parties are in mutual agreement.
The mediation process incorporates natural human interactions and proper communication to resolve disputes and conflict issues without applying the rule of law.
Here’s what to expect if you choose Cape Mediators:
The experienced mediator will create and control the environment best suited to enable both parties to firstly air their grievances safely.
Firstly there will be a joint session where all the relevant aspects of the process are explained by the mediator and the parties are offered equal opportunity to describe and detail the issues at hand.
During this process the mediator ensures no intimidation is allowed by either party and they are encouraged to speak freely. Following the opening statements the mediator will offer the parties’ private sessions where the parties further share in absolute confidence the reasons for conflict or dispute. Importantly the private sessions are just that, no information will be transferred out of private sessions without the expressed permission of the party concerned.
During this process the mediator ensures no intimidation is allowed by either party and they are encouraged to speak freely. Following the opening statements the mediator will offer the parties’ private sessions where the parties further share in absolute confidence the reasons for conflict or dispute. Importantly the private sessions are just that, no information will be transferred out of private sessions without the expressed permission of the party concerned.
In some instances certain information may be of importance to advance the process to a mutual settlement agreement, the mediator may request permission to transfer said information across to the other party at his/her discretion.
As the private sessions progress the skilled mediator is above all listening and understanding the reasons as to why the conflict is present and guiding the parties in an attempt to explore their own options for the agreed settlement.
Here are the benefits of commercial court aligned mediation for the business sector:
- A company or business preparing for mediation is very different to preparing for litigation.
- Firstly the ability to proceed is determined by the availability of the parties and the mediator eliminating protracted court role dates.
- Parties are welcome to have council present or on hand to obtain a legal opinion whilst mediation is being conducted.
- The person/s representing the relevant companies has obtained the necessary mandate via a pre-mediation agreement and can therefor settle if a mutual agreement is reached. (Avoiding further delays).
- Business persons tend to prepare various dispute resolution options based on risk to the entities they represent, cost effectiveness and the impact on business relationships.
- Therefore by nature the process is more driven by the outcome based solutions beneficial to both parties as opposed to the adjudication on the matter in a court of law.
- Costs are generally shared by the parties concerned and are predetermined in the agreement to mediate.
- Above and beyond the monetary costs related to dispute or conflict it negatively impacts on the person’s involved entire wellbeing whilst seeking a resolution. Therefore limiting the period of conflict is of utmost importance to gain a satisfactory outcome.
- The mediation process can be set down as soon as both commit to engage the services of a qualified mediator as opposed to litigation (legal) which is not a controlled timeframe at all. This allows the conflicting parties an expedient option to resolving differences that otherwise could take many years of litigation.
