If you're involved in a civil lawsuit in South Carolina, you will likely be ordered to attend mediation before your case ever reaches a courtroom. Mediation is a structured, confidential process where a neutral third party helps both sides work toward a resolution - without the time, expense, and uncertainty of a trial. 

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What Is Mediation?

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Mediation is a settlement conference facilitated by a neutral mediator - a trained, and in court-ordered cases, certified professional who does not represent either side and does not decide the outcome. Instead, the mediator helps both parties communicate, understand each other's position, and explore options for resolving the dispute themselves.

Mediation is voluntary in the sense that no one can force you to settle. If the parties can't reach an agreement, the case simply proceeds to trial - nothing said or offered during mediation can be used against you later, and you don't give up your right to have a judge or jury decide your case.

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How the Mediation Process Works

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1. Selecting a mediator. The parties may agree on a mediator, or one will be assigned from the court's official roster of certified neutrals.

2. Preparation. Each side typically submits a confidential mediation statement outlining their position, and prepares to negotiate in good faith.

3. The mediation session. Both parties (and their attorneys) attend, usually in person but sometimes remotely like on Zoom. The mediator moves between the parties - sometimes meeting jointly, sometimes separately - to facilitate discussion and explore settlement options.

4. Resolution or impasse. If the parties reach an agreement, it's typically documented and becomes binding. If not, the case proceeds toward trial, and nothing discussed during mediation can be used as evidence later.

 

Why Mediation Is Often a Good Thing

 

While mediation may feel like an extra step when you'd rather have your day in court, it offers real advantages:

• Faster resolution than waiting for a trial date

• Lower cost than continued litigation

• More control over the outcome than leaving the decision entirely to a judge or jury

• Confidentiality - mediation discussions are private and generally inadmissible if the case proceeds to trial

• Preserves your right to trial if no agreement is reached