Tim Kinahan

Accredited divorce and civil mediator since 2019 and 2023, respectively. Further postgraduate study in mediation and dispute resolution generally. Based in Windhoek, Namibia but available in Cape Town and online. Not admitted in South Africa, but LLB and LLM were completed at UCT and I have South African experience in mediation and adjudication, and advisory work generally. I studied Banking, Tax and Insurance Law during my LLB, with general electives in finance and economics. I also hold RE5 accreditation with the FSCA. My experience in civil litigation has involved banking, insurance and property disputes in Namibia. In South Africa I have experience of CSOS adjudication proceedings involving sectional title property disputes. Divorce mediation rarely involves a dispute based purely on family matters. In such a case parties are often better suited to counselling and mediators of a non-legal background. In matters that have grown beyond the breakdown of a relationship and family dynamics, additional expertise is required in other areas. My approach is to direct mediation towards systematically resolving the non-family related matters first. There are usually complicated arrangements regarding the finances, financial commitments, property and other resources of the parties. Some of these need to be divided, and others need to be utilised according to a legal arrangement that is practical, considering the changing lives of the parties as a divorce proceeds. If an effective solution to the non-family shared interests of the parties is reached, the mediation of the family dispute itself is more likely to succeed. This approach can be used prior to, or during divorce proceedings, reducing hostility and increasing the chance of an earlier amicable settlement at reduced cost. The approach can also be used after a divorce order has already been granted, but which has been difficult to implement in practice and has caused contention between the parties.