Centre for Alternate Dispute Resolution

CADRCADR

Chandrika Jugroop• B Proc (Labour Law)

• Accredited CCMA Commissioner

• Presided at Chemical, Road Freight, and Electrical BC

• International Accredited Mediator – CEDR/CD / ACDS

• SAAM Member

• FSB - Compliance Officer Number 3735

IntroductionMediation Practitioner

Introduction ContMediation Practitioner

Arveen Ramdhani

• International Accredited Mediator (CEDR/CD/ACDS)

• SAAM Member

Introduction ContMediation Practitioner

Shaun Munnhar

• International Accredited Mediator (CD/ACDS)

• SAAM Member

Introduction ContMediation Practitioner

Erisha Munnhar

• International Accredited Mediator (CD/ACDS)

• SAAM Member

Divorce Mediation — The Sensible, Affordable Alternative

At CADR, you and your spouse meet together in a safe and comfortable environment, with our International Accredited Mediators who serve as your neutral and impartial mediation professional. As your family mediators, they will guide and assist you in considering each of the issues the legal system

requires you to resolve — as part of your South African divorce, child custody, parenting, or child support dispute.

Your discussions are private, the atmosphere is comfortable and informal, and the process is

empowering and efficient.

Divorce Mediation

CADR’s Family and Divorce Mediation preserves your control over your individual and family’s

future.

Together, you and your spouse, will make the following decisions for the future:

• major decisions about your children• share time with them • your children’s support or for your own support, • how property should be divided and debts assigned

All these matters are determined by you, directly, and without control by lawyers or Orders of Judges.

CADR - Parenting Planssolicit parents to do something different — for their kids sake

• A more useful way for you to deal with the question of child care is to develop a parenting plan which describes the children's schedule with each of you. Our mediators will create this plan on a computer programme, according to South African Law, asking for ideas as to when each of you would like to assume primary responsibility for the children's care.

• Any parenting plan that you and your spouse create is likely to work if you both support it. If you see potential problems with the plan as you proceed through the mediation, bring them up and correct them before you sign the final agreement.

• You and your spouse have the opportunity during mediation to cooperate in planning your children's future. Through careful planning, you can help your children view your family as rearranged into new homes, rather than torn apart and left in shreds.

Mediation Services Equality Act

Unfair Discrimination - race- gender - disability

• Harassment• Hate speech

- Dissemination and publication of information that unfairly discriminates

CADR provides services to those excluded from the Employment Equity Act (EEA), thereby including the

unemployed and members of the:

• National Defense Force,

• The National Intelligence Agency; and

• The South African Secret Service.

The Equality Act can also be used by all the people of South Africa, including employers and employees, for disputes not provided for in the EE Act, such as Hate Speech

CADR Provides Mediation for the Practices on the list pertaining to:

• partnerships; • professions and bodies;• provision of goods, services and facilities; • clubs, sport and associations• labour and employment; • education;• health care services and their benefits; • housing accommodation,

•pension land and property;• insurance services;

CADR - Dispute Systems

“My business seems to be spending a lot of money on litigation and legal costs.

Is this inevitable, or are there some ways of curtailing the expenses, without being

(soft)”?

CADR - Dispute Systems

Our Dispute Design System Services involve:

The designing of a system to help an organization, institution, or individuals better manage a particular conflict and/or a continuous series of conflicts.

• The focus is on explaining how:

- inefficient dispute-resolution systems can be identified, and

- effective replacements can be designed.

Dispute Systems

Business risks such as the following can be avoided:

Reputation Negative PublicityLegal Expenses Financial Losses

Damaged Relationships King III (Par 81 & 88)

Litigation Objectives

Why is it important?

The Pension Fund Act Antarctic Treaties Act

Rental Housing Act Consumer Protection Act

Post Office Act Telecommunications Act National Land and Transport

Child Justice Act

Health Professions Act Higher Education Act Local Government and Municipal Systems Act

National Land Transport Act

Restitution of Land Rights Act

Skills Development Act Gas Act Estate Agency Affairs Act

Human Rights Commission Act

National Water Act Petroleum Pipelines Act The Divorce Act

KwaZulu – Natal Ingonyama Trust Act

National Payment System Act

National Ports Act The Equality Act

Development Facilitation Act

State Information technologyAgency Act

National Credit Act

Labour Relations ActNational Environmental Management Act

Children's Act

The Constitutional Act

Prevention of Illegal EvictionFrom Unlawful Occupation of Land Act

Further Education and Training Colleges Act

Land Reform Act Recognition of Customary Marriages Act

Electricity Regulation Act

South African Statutes with the Provision for Mediation

• Brownlee vs. Brownlee – High Court Johannesburg– Child Custody– The judge did not award costs to the attorney, but instead instructed both

parties to pay their own costs as the attorneys did not advise their clients to mediate first before litigation

Port Elizabeth Municipality vs Various Occupiers– Eviction Order– Parties urged to mediation, agreement endorsed

• MB vs NB - High Court – 2009 – Limited costs that attorneys could recover

Mediation Precedent – South Africa

Mediation fees will be based per session.

Mediation sessions are two hours.

Unopposed divorce matters normally use

up between two and four sessions.

A contested divorce normally uses between four and six sessions.

Fees

• Most business contracts have provision for ADR but are litigating without following the ADR process

• Gaining Momentum in SA, faster than anticipated

• Becoming mandated by certain Magistrates/Judges

• Reduce high backlog at Courts

• Cost Saving

• Quicker Turnaround Times

• Parties control their own outcomes

• Parties risk costs if matter is not mediated, as more Magistrates /Judges are using the Brownlee matter as precedence

• Home Affairs – Gijima matter – settlement negotiated

• Rajbansi – KZN – Magistrate referred the matter to mediation

Contemporary Issues

• Civil and Commercial Law

• Divorce Mediation

• Child Access – Parental Plans

• Equality Court Matters

• Representation at Mediation

• Designing Dispute Systems

CADR provides Mediation Services forthe following:

Physical Address Postal Address

Cnr Brabazon and Die Agora Roads P O Box 10297

Isando Edenglen

Johannesburg 1613

Cell: 083 450 2193

Phone: 011 392 5660

Fax: 086 655 3077

Email: chandrika@cadr.co.za

Contact Us