Parental Alienation

2019-01-24T13:07:04+00:00January 24th, 2019|Dispute Resolution, Family Law|

The social science research advises that the most salient factor in determining risk for poor developmental outcomes for children subject to parental divorce is the level of conflict between parents. High conflict separated parents, at least one parent, if not both holds a great deal of animosity which can lead to parental alienation. One or [...]

Mediation Preferred In Dispute Resolution

2019-01-24T13:02:58+00:00January 24th, 2019|Dispute Resolution, Family Law|

A recent trend in dispute resolution, the world over, is the gaining popularity in mediation. Mediation is slowly becoming the preferred resolution practice with mediators facilitating negotiations between parties in a number of fields all across the globe. Mediation is becoming common practice in the business field. As more businesses are feeling the pinch due [...]

Overview: International Law relating to Surrogacy

2019-01-24T12:01:10+00:00January 24th, 2019|Dispute Resolution, Family Law|

Information in this article has been taken from the case file Parte WH and others 2011 (6) 514 (GNP) How does South Africa compare with other countries in respect of legal requirements for surrogacy?  While there appears to be a growing international trend to provide an adequate legislative basis to deal with surrogacy, informal surrogacy [...]

Legal and Constitutional Issues arising from Surrogacy Applications

2019-01-24T11:59:24+00:00January 24th, 2019|Dispute Resolution, Family Law|

The contents of this article refer to the case Parte WH and Others (2011) (6) SA 514 (GNP) Certain constitutional and legal issues invariably arise out of surrogacy applications and we deal with some of them below. SURROGACY AND SAME SEX RELATIONSHIPS As South African Law recognises heterosexual as well as same sex civil marriages [...]

International Arbitration Bill: What It Means For Arbitration In SA

2019-01-24T11:55:54+00:00January 24th, 2019|Commercial Law, Insolvency|

The International Arbitration Bill has been passed on to parliament, and will most likely be approved. This means that we may be subject to new International Arbitration Law within the next few years. What does this mean for South Africa, and how does it in any way affect  mediation in the legal sense? The South [...]

The Most Common Excuses That Debtors Make

2019-01-24T11:54:31+00:00January 24th, 2019|Commercial Law, Debt Collection|

As a creditor, it is important that you identify whether or not the debtor is having cash flow issues. If you quickly determine that the debtor is unable to pay their dues, then you can use the time to contact a debt collection agency or debt collection lawyer. There are a few telltale signs that [...]

Debt Collectors Amendment Bill Sees Adversity

2019-01-24T11:53:29+00:00January 24th, 2019|Commercial Law, Debt Collection|

The Debt Collectors Amendment Bill, 2016, which threatens the professions of a number of attorneys and debt collectors may be passed as law in South Africa unless the public mounts a significant challenge against the Bill. The Law Society of South Africa (LSSA) has stepped up to the plate to voice its concerns and challenge [...]

Child Custody Outside Marriage

2019-01-24T11:51:52+00:00January 24th, 2019|Child Custody, Dispute Resolution, Family Law|

Law firms that champion men’s rights — and particularly those of fathers and their child custody rights — are a growing breed across the U.S., marketing themselves to men who are increasingly empowered in their role as dads. More state legislatures are rethinking child custody laws amid the latest scientific research showing that fathers are [...]

Why Couples Shun Mediation

2019-01-24T11:49:19+00:00January 24th, 2019|Dispute Resolution, Family Law|

Recent studies have shown that the majority of separating couples go to the court to settle their disputes, rather than settling the separation through mediation. Mediation is a tried, proven and trusted method of dispute resolution, and has less of a psychological impact for those involved in a separation between parents. This means that children [...]

Mediation to resolve parenting disputes

2019-01-24T11:47:19+00:00January 24th, 2019|Dispute Resolution, Family Law|

Original article by Gary Direnfeld (Canadian social worker) – October 4, 2014 People attend mediation to resolve conflict and this article is specifically aimed at mediation to resolve parenting disputes related to the care of children between separated/divorced parents. When considering mediation to resolve parenting disputes, one should always consider what issues are involved and [...]

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