South Carolina Mediation Clauses
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FAQ
(a) Mediation. Except for exempt cases, in all civil actions filed in the circuit court and all contested issues in domestic relations actions filed in family court, the parties may agree, in lieu of mediation, to conduct an arbitration or early neutral evaluation under these rules.
Mediation is Mandatory in South Carolina To decrease the heavy burden on the South Carolina family courts, the parties may be ordered to try and resolve their differences prior to a final hearing. However, you are only required to attend and to mediate in good faith.
The South Carolina mediation rules are part of the South Carolina Rules of Alternative Dispute Resolution. Rule 3, SCADR, provides that mediation is required for most South Carolina Family Court cases.
The mediator/conciliator shall attempt to facilitate voluntary resolution of the dispute by the parties and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to solve ...
Voluntary participation and self-determination are fundamental principles of mediation that apply both to mediations in which the parties voluntarily elect to mediate and to those in which the parties are required to go to mediation in a mandatory court mediation program or by court order.
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.
In mediation, a qualified person called a mediator assists the parties in resolving the dispute. A mediator has the education, training and experience required to help the parties settle the matter. The parties make the decisions, not the mediator. The mediator does not coerce or force a party to take a position.
Often court systems, in an effort to eliminate some trials, impose mandatory mediation as part of the litigation process. The decision to accept the outcome of the mediation and settle the matter remains voluntary. If the attempt at mediation fails to resolve the dispute, the parties continue to litigate the matter.
