MKARSTEL ATTORNEYS, FACILITATORS & ARBITRATORS
Our law practice is a professional, goal driven boutique law firm offering legal services with knowledge, compassion and legal expertise, to domestic and international clients.
The practice focuses on civil and criminal litigation, in the following disciplines: commercial law; family law; law of persons; commercial and labour arbitration, personal injury claims, administrative law and being a Deeds agent.
The practice has consulting offices in Cape Town, Table View and Melkbosstrand and litigation activities in the Superior Courts and Magisterial Courts jurisdictions country wide. Skype facilities cross provincial and international boundaries.
Our Director, Mimi Karstel, a legal practitioner has obtained a unique bouquet of qualifications in the legal, commercial, international mediation, facilitation, arbitration and pastoral therapy fields to assist clients with, professional knowledge, compassion and goal driven results.
Some of the many legal services we offer include the following:
Family Law services and advice includes maintenance, divorces and interim relief, holistic advice on commercial divorce matters, contact and care of minor children, international child abduction (as regulated by the Hague Convention) and child relocation, estates, drafting of wills, variation of marital regimes, ante nuptial contracts, maintenance claims of spouses and children against the deceased estate, rights of fathers born out of wedlock, co-habitation, setting up family trusts and acting as trustees.
Family Facilitation, Parenting Co-Ordination & Mediation
Facilitators and parenting co-ordinators (PC) are usually appointed in terms of a Court Order and are mandated to resolve disputes arising from post-divorce/separation. Facilitators are authorised to issue directives that are binding on both parents. Their directives can only be varied by a Court or competent jurisdiction or by agreement between the parents. The dispute issues usually include contact and holiday arrangements, choice of schooling and some court orders mandate maintenance disputes as well.
Mediation involves families in conflict working out arrangements for themselves and their children with the help of neutral and a skilled mediator. The aim of mediation is to reach an agreement which is mutually acceptable to the parties within the broad range of that which a court would be likely to approve.
Commercial Law & Conveyancing / Deeds
Commercial Law is that body of law which regulates and develops the business world. Our practice deals with contracts, partnerships, construction, insolvency, rehabilitation, liquidation, renting issues, loans, finances, sectional titles, residential and medical matters, National Credit Act and Consumer Law issues.
Conveyancing / Deeds:
Conveyancing is whereby a person, company, close corporation or trust becomes the registered & legal owner of the immovable property and ensures that this ownership cannot be challenged. It also covers the process of the registration of mortgages
Arbitration Resolving Disputes
Arbitration is a process of resolving disputes, that is an alternative to the courts of jurisdiction. The Arbitrator determines the dispute after having heard the evidence of both sides in a judicial manner and his award is final and binding unless the parties have otherwise agreed. Arbitration includes matters of finances, sectional titles, construction, residential, mining, agriculture, medical nature, sporting, general matters and legal disputes.
Arbitration has the following advantages:
- usually a great deal quicker than litigation
- the process is more flexible
- usually less expensive than litigation
- legal representation not obligatory
- arbitration awards are usually final unless the parties in their agreement specifically provide for an appeal.
- arbitrations are conducted in private and not open to the public like court hearings
Criminal and Civil Litigation
Court experience and litigation can represent itself like a tsunami to a client and our practice is committed to walking with and fighting for the client, every step of the way.
Criminal Litigation involves opposing parties who “fight’ a case, with the court acting as impartial referee in civil matters. Civil matters include: child contact and care (custody), maintenance, contract violations and breach, personal injury, property damage, interdicts, Domestic Violence, appealing against a sentence, money claims and divorce.
Criminal Matters are essentially public in nature and involves the state versus the accused. When a crime has been reported the criminal justice system is ignited to prosecute, punish and convict the criminal, which includes the dealings of Bail applications. The Court will decide whether and accused is guilty or not guilty.
MKarstel Attorneys have offices in Cape Town, Table View & Melkbosstrand but can also work internationally if required, just contact us.