The South Carolina Mediation Initiation Form is a document used to initiate mediation proceedings in the state of South Carolina. It is typically used in cases involving family law, business disputes, and landlord-tenant disputes. The form is typically completed by the party initiating the mediation process. The form contains information about the parties involved, the issues to be addressed, and the desired outcome of the mediation process. It also includes a section for the mediator to provide their contact information. There are two types of South Carolina Mediation Initiation Forms: a basic form and an expanded form. The basic form includes the basic information required to initiate the process, while the expanded form includes additional information related to the issues being addressed. The expanded form is typically used when complex issues are being addressed in the mediation process.
South Carolina Mediation Initiation Form
Description
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FAQ
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.
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.
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.
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.
Can the mediator force parties to enter an agreement? Though the parties to a South Carolina Family Court case are required to attend mediation and participate in good faith, they are not required to reach an agreement or settlement during the mediation. The mediator cannot force the parties to enter an agreement.
WHAT IS MEDIATION? Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting.