19/12/2025 Bertus Preller Adversarial Legal System, Best Interests of the Child, Children, Children's Court, Children's matters South Africa, Divorce, Hostile Family Lawyers, Lawyer-client alignment, Legal Practice Act 28 of 2014, Litigation misconduct, LPC Code of Conduct, LPC Code of Conduct, Mediation, Parental Coordinator, Parental Rights, Rule 41A mediation notice, Zealous advocacy adversarial litigation, Alternative Dispute Resolution, attorney ethics children, best interests of child, child-centred advocacy, child-focused representation, children's matters South Africa, Children’s Act 38 of 2005, co-parenting relationships, collaborative family law, contact disputes, costs de bonis propriis, custody disputes, family law ethics, family law South Africa, family mediation mandatory, lawyer-client alignment, Legal Practice Act 28 of 2014, Legal Practice Council, LPC Code of Conduct, mediation family law, parental alienation, parental conflict, parenting responsibilities, professional conduct family lawyers, Rule 43 applications, section 6(4) Children's Act, section 7 Children's Act, Van den Berg v Le Roux, zealous advocacy When Lawyers Become Warriors: The Dangers of Over-Identification with Clients in South African Children’s Matters. Introduction In high conflict childcare and contact disputes, lawyers sometimes align so closely with their clients’ positions that they become virtual proxies for parental animosity. This “over-identification” with clients, even… READ MORE
30/07/2025 Bertus Preller Divorce, Divorce summons South Africa, Irregular proceedings, Mediation, Procedural Law, Rule 30(2)(b) application, Rule 41A mediation notice Alternative Dispute Resolution, court rules, curable defect, Divorce Law, divorce litigation, divorce proceedings, Divorce process, divorce summons South Africa, divorce summons validity, Family Court, family disputes, Growthpoint case, irregular proceedings, legal remedies, Legal Technicalities, litigation procedure, mediation consideration, mediation notice omission, mediation notice requirements, non-compliance Rule 41A, Procedural Compliance, procedural defects, procedural irregularity, Rule 30 application, Rule 30(2)(b) application, Rule 41A mediation notice, South African courts, South African Family Law, Uniform Rules of Court Rule 41A Mediation Notices in Divorce: Why Missing Notices Don’t Kill Your Case. Introduction Rule 41A of the Uniform Rules of Court, introduced in 2020, mandates that litigants consider mediation at the inception of litigation. In divorce actions, this means a plaintiff must… READ MORE