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Mediation

Mediation is an informal and confidential process in which a third party (mediator) facilitates settlement negotiations between the parties.  Mediation is mandatory in all counties in South Carolina before a case may proceed to trial. 

Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party, known as a mediator, helping to facilitate a conversation between two or more parties who are in conflict or dispute. The goal of mediation is to help the parties find a mutually acceptable resolution to their dispute without having to go to court.

In mediation, the mediator acts as a facilitator and helps the parties identify and communicate their interests, needs, and concerns. The mediator does not make a decision or impose a solution on the parties, but rather helps them find a solution that works for everyone involved.

Mediation is often used in family law disputes, such as divorce or child custody cases, as well as in employment disputes, business disputes, and other types of civil disputes. It can also be used to resolve community disputes, such as neighbor-to-neighbor conflicts.

Mediation has several advantages over traditional litigation. It is typically faster, less expensive, and less adversarial than going to court. It can also help preserve relationships between the parties, which can be important in family and business disputes. Additionally, mediation is confidential, which can encourage parties to be more open and honest in their discussions.

However, mediation may not be appropriate for all disputes. If one party is unwilling to participate in the process or if there is a significant power imbalance between the parties, mediation may not be effective. It's essential to consult with a qualified mediator or attorney to determine if mediation is appropriate for your situation.

 

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