A South Carolina Mediation Order is a court-approved agreement between parties in a dispute concerning matters such as divorce, child custody, alimony, child support, and/or division of marital assets and debts. It is a legally binding agreement that is reached with the help of a mediator, and it is often used as an alternative to litigation. There are two types of South Carolina Mediation Orders: a Court Order of Mediation and a Stipulated Mediation Agreement. A Court Order of Mediation is issued by the court and requires the parties to attend mediation and to abide by the outcome of the mediation. A Stipulated Mediation Agreement is an agreement between the parties and the mediator that is voluntarily entered into. The agreement outlines the issues to be discussed and the terms of the settlement. Both types of South Carolina Mediation Orders are enforceable in court.
South Carolina Mediation Order
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FAQ
In general, mediation is mandatory in every divorce case in Horry County and throughout South Carolina, although there are some exceptions.
If an agreement can be reached on some or all of the issues, an agreement can be drafted and signed by the parties and their lawyers. Once this occurs, absent special circumstances, the agreement is enforceable and cannot be changed except by agreement of both parties.
Almost all counties in South Carolina now require mediation in Family Court cases. While you cannot be forced to settle your case and all settlements are voluntary if they occur during mediation, you are required to participate in the mediation in good faith with the resolution of the case as your goal.
Mediation is a process by which a neutral third-party ? the mediator ? facilitates discussion, negotiation, and ideally settlement between the parties. Critical to the process, the mediator does not take sides or make decisions for the parties.
(1) The mediator shall be impartial and independent of the parties. (2) The parties may agree that the mediator shall have specific qualifications or expertise. (1) There shall be one mediator or two co-mediators. Each mediator shall be appointed by agreement of the parties.
For most cases, there is mandatory mediation in South Carolina Family Court. Mediation is an alternative dispute resolution process in which the parties get together to attempt settlement with the help of a neutral (referred to as the ?mediator?).
If you decline the invitation to mediation and the case goes to court, the judge or magistrates are quite likely to ask you why you did not attend mediation. If you do not have a good reason for declining, it could reflect badly on you at court.
Anyone can be a mediator or arbitrator in a dispute, so long as all parties agree. If the parties cannot agree on a neutral, the Court can often appoint one for you. The parties must pay for the neutral; if appointed by a South Carolina Court, the amount is generally fixed by law.