YOU MAY BE WONDERING

  • A mediator is a neutral third party who facilitates negotiation. A mediator is not a judge or decision-maker.

  • Many mediators are attorneys, but in mediation, the parties negotiating are not their clients. While mediators can give some information about general legal principals, they cannot give legal, financial, or other expert advice.

  • Mediation is required by most family courts in South Carolina before a trial will be scheduled. While mediation is required, signing a mediated agreement is solely the decision of the individuals involved.

  • No third parties may sit in on mediation without the express agreement of all parties to the case. If you have an attorney, your attorney will attend mediation with you.

  • Mediation is a confidential process. It is designed for parties to work in good faith to reach agreements tailored to their needs. So, statements and offers you make at mediation can’t be used against you if you end up at trial. The mediator can’t be made to testify regarding the mediation.

  • Trial is an adversarial process during which parties and their attorneys work against each other to achieve one party’s desired result. In mediation, the facilitator works to help parties achieve realistic solutions to their problems.

    In a trial, a virtual stranger (the judge) makes decisions that will have tremendous impact on you and your family (think custody, visitation, division of assets and debt, et cetera). In mediation, you have the power to make those decisions.

    Mediation is less costly, in terms of time and money, than trial. Attorneys need a substantial amount of time to prepare for and attend trial, and their fees reflect that effort. Further, many courts’ schedules do not have availability for trial for 2-3 months, at the least.

  • Mediation can be held at an attorney’s office, a mediation center, or virtually through apps like Zoom or Teams.

  • Mediation can have several different results: (1) parties can come to a complete agreement; (2) parties can agree on some items but not others; or (3) parties can come to no agreement at all. If you reach an agreement on some items, but not others, the mediator may suggest an additional session if she believes it will be beneficial for the parties. If the mediator believes there is no likelihood of reaching an agreement and further negation would be fruitless, she may declare an impasse.

  • If you negotiate an agreement, a written version will be prepared for all parties and their attorneys to review and sign. Regardless of the result of mediation, the mediator will prepare a report confirming you have participated in mediation. The parties’ attorneys will file this report and any signed agreements with the court.