South Dakota Mediation Clauses
Description
How to fill out Mediation Clauses?
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FAQ
Mediation fees are $200 per hour. In general, we require payment in advance for a four hour session, with each party responsible for paying 1/2 of the cost or $400. If your session goes longer than anticipated, you will be expected to pay the outstanding balance following the mediation session.
Mediation summaries offer a unique opportunity to craft precisely the message you wish to send the other side - without interruption, confident it will be read. A written summary designed to influence the decision making process on the other side can move the dispute a long way toward settlement.
All communications, negotiations, or settlement offers in the course of a mediation must remain confidential. Statements made and writings prepared in connection with a mediation are not admissible or subject to discovery or compelled disclosure in noncriminal proceedings.
Further the statements made in most mediations can not be used later in Court or in any other proceeding. As settlement discussions, the rules of evidence (and usually executed agreements between the parties) ban the use of such information in any way.
The State of South Dakota bases all child custody decisions on one main factor: the best interests of the child. The child's health, well-being, and welfare are considered paramount when determining child custody.
There are virtually no exceptions to the mediation privilege: either both parties waive the privilege, or no evidence of what transpired during mediation is admissible.
In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.
This means that nothing that the parties say during mediation or documents presented will be later admitted into evidence in a court proceeding. However, any evidence otherwise admissible or subject to discovery outside of mediation is not protected just because it is used in mediation.
