Mediation is a process that allows participants to work with a mediator to reach a compromise. The parties reach an agreement acceptable to them based on their needs. The process resolves conflict while saving time and money.

Mediation allows families to work together quietly, privately, and respectfully. This helps avoid costly court battles and reduces emotional stress. Participants help choose their outcome. The process helps to preserve relationships and limit conflict for the children involved.

What is Mediation?

Mediation is a process that allows the participants to work with a mediator. The goal is to reach a compromise by finding an acceptable agreement and resolving conflict.

A mediator does not take sides or make decisions. Instead, the mediator helps the parties understand each other and find their own solutions. This process is more relaxed than litigation. Issues the court may not address can be discussed. Issues can be resolved more quickly and affordably. 

The issues can be related to:

During the process, parties can openly explain their side in a neutral setting that encourages clear communication and problem resolution.

What is a Mediator?

A mediator is a neutral third party who helps you and your former partner or you and other persons (grandparents or other relatives) identify and discuss issues, as well as work on possible solutions. 

The mediator does not take sides or make decisions for you. As the mediator cannot make a binding decision, the parties involved feel less pressure and stress. 

While the mediator helps you arrive at an agreement, in the end, the participants make the decisions. 

Why should you Mediate?

The main reason to mediate is that you make your own decisions for your future, rather than having a stranger make them for you. 

You can address things in mediation that the court may not focus on.

You can structure an agreement that considers your family’s needs.

The mediation process can produce a much better outcome for all parties involved.  The process can allow you to move forward with greater ease and clarity for yourself and your family. 

Mediation is less expensive and takes less time than a contested family court battle. Mediation can result in a better long-term relationship. 

Additionally, the process is more peaceful as the parties work together, making things easier on the children involved.

If you are considering mediation, you have very little to lose by at least trying to resolve your conflict.

When you go to court, you are putting your life and future in the hands of a judge who has limited knowledge of your best interests or your child(ren) ‘s best interests.   

We have not filed with the court yet. Can we mediate?

​Yes. Many people choose to mediate their cases before filing with the court. They choose to work together to avoid a lengthy, expensive trial.

When you go to court, you turn control of your life decisions to someone else. By mediating your case, you both make decisions and maintain control of your future. Read “Mediation Before Filing“.

What if we filed with the court and want to mediate?

​Good news: you can still mediate. Mediation is mandatory in South Carolina.  Contested cases (no agreement) must complete mediation before a final hearing is held. 

The mediation process can produce a much better outcome for all parties involved.  The process can allow you to move forward with greater ease and clarity for yourself and your family.  Read “Mediation After Filing“.

Is mediation confidential?

​Mediation conferences are private and all communications are confidential. 

No information from mediation can be used in court other than the signed Memorandum of Agreement and Financial Affidavits. Should you not reach an agreement during mediation, a statement of completion of mediation completed by the mediator can be provided.

​Mediation conferences are private and all communications are confidential. 

No information from mediation can be used in court other than the signed Agreement and Financial Affidavits. If you do not reach an agreement during mediation, a statement of completion of mediation can be provided by the mediator for the court.

You are required to sign a contract outlining the rules of mediation, including confidentiality and payment terms.  

How is mediation different from court?

Mediation allows the parties to control the resolution of their disputes. Because the parties control the process, your views and concerns are heard and acknowledged.  By going to court, you give control of the final outcome to the judge.

Mediation helps the parties to reach resolutions that may not be considered or that may not be commonly used in court, which gives the parties a more beneficial outcome.

Mediation prevents all of the details from entering the court record as opposed to a trial where you must present all necessary evidence, good or bad.

In mediation, parties reach their own agreement which helps limit future problems. A court order may not resolve all the issues you needed addressed or may provide a solution that none of the parties like.  

A successful mediation can result in a quicker resolution of disputes at a lower cost. The cost of legal fees, gathering information, and trial can be expensive.

Court time is minimal, as it is only needed to approve the mediated agreement rather than for a contested hearing. 

A contested hearing (no agreement) can last many days, depending on the number of witnesses and the evidence to be presented.

Who can attend mediation?

Only parties may attend mediation.  No other individual can take part in the process without first obtaining approval from the opposing parties and the mediator. 

How long does mediation take?

Mediation is typically scheduled for a minimum of three (3) hours and up to eight (8) hours per day.  Mediation can be scheduled to occur over the course of several days.  There is flexibility in scheduling.   

The time mediation takes truly depends on the parties mediating and the number of issues to be addressed.

Is everyone in the same room or different rooms?  

Some people meet in the same room initially to go over all the issues, then meet with the mediator separately for negotiations. 

Some people start out in separate rooms and remain separate, or later choose to come to the same room. 

Others prefer to meet online based on distance or work schedules.   

Based upon the circumstances of your case, a determination will be made that best promotes open communication and compromise.   

Can you do mediation virtually? 

Sessions can be held via Zoom. Your mediator will send you a secure link to log into your mediation. 

The format allows for everyone to be in the same room, be in a room with your attorney (if represented), or any combination.

Third parties are not allowed to be in the room with you unless everyone agrees and you must be in a private location.  

We can obtain your signatures electronically and by mail. However, electronic signatures are preferred over mail to save time and money.

There is no additional charge for electronic signatures. You can sign from your phone, tablet, or desktop computer.  

What does the mediator need to mediate my case? 

You will receive paperwork for each of the issues in your case.  In all cases, financial information is necessary. 

Financial information is necessary for the division of assets or debts, the determination of child support, and the determination of alimony. Your case may not have all of those issues, but financial information is necessary for mediation.

Regardless of the issues, the court requires a financial declaration to approve your agreement.     

When can mediation be scheduled?  

Mediation scheduling varies depending on how quickly you provide the information the mediator needs.

Once the parties decide to mediate, initial paperwork is sent to both sides. 

Once the paperwork is completed and returned, an initial meeting is scheduled to discuss the process, the issues of your case, and a plan to move forward.  This meeting is usually an hour.  

If you decide to proceed with the mediation process, additional paperwork is sent to the parties to obtain the detailed information necessary for a successful mediation.   

Once the additional paperwork is returned, the mediation will be scheduled.  The time for scheduling is also dependent on the parties’ schedules. 

Our policy is that all mediations must be scheduled within six months. 

Our goal is to schedule the mediation as quickly as possible to allow the parties to move forward. 

Do we still have to go to Court? 

Once the parties reach an agreement and the agreement is signed, the court must approve that agreement. If you need a divorce, the divorce must be granted by the Court.   

You have the option of agreeing on an attorney to represent one party to have the agreement approved.  One attorney cannot represent all the parties. 

Depending on the issues of your case and the complexity of the agreement, you may choose to file the paperwork without the assistance of an attorney.   

Some people choose to wait to file with the court as they use mediation for a trial separation. 

Do you take a retainer upfront and bill against that or do you charge a flat fee?  

There is an initial consultation flat fee that is paid before the first meeting.  At the initial meeting, we will determine the number of issues in your case and what the projected costs are for mediation. 

A retainer for mediation is paid, and if you exceed that retainer, an additional hourly rate is charged. 

What does mediation cost?

The cost for mediation varies depending on the number of issues, the complexity of your case, and the amount of time necessary to mediate. 

A case with no children and limited assets or debts usually costs less than a mediation with children and extensive assets or debts.   

​The rates of the mediator vary based upon the complexity of the case and experience of the mediator.

Non-attorney certified mediators may be available for your case, depending on the complexity. A lower rate is charged for their services. 

The type of mediator necessary can be decided at your initial consultation. 

Who pays for mediation? 

Court rules require the equal division of these fees unless otherwise agreed upon. Some parties agree to equally divide the costs.  Others have one party pay the costs or divide the costs based on the percentage of income. 

Division of the costs is something that is determined at the initial consultation. 

It is preferred that each party pay one-half of the mediation fees so that each side is equally invested in reaching a compromise.   

Can a Mediator provide legal advice?

Mediators can give you information about state laws and local court procedures, but cannot give legal advice.

Mediators do not interpret statutes or advise about or recommend any specific legal action that would benefit either party over the other.

What happens if we do not settle in mediation?

If you do not reach a settlement, the parties lose none of their rights to trial in Family Court.  You will receive a document that serves as proof of mediation completion and lists the contested issues.

Mediation before filing has a very high success rate, because the parties come to the table with the intention to resolve their conflict. Should one or more issues not be resolved, it does not mean that mediation was a waste.  

An agreement can still be prepared for the things everyone agrees on. You have the option to either hire attorneys to negotiate on your behalf and go to court on the unresolved issues or come back for another session of mediation to try to resolve the conflict.

Sometimes taking a break and returning to the table can be beneficial.

What type of mediation training or certification is required to be a mediator? 

A mediator in South Carolina must have a specific educational background and complete a forty-hour course approved by the South Carolina Bar Association. 

Additionally, the certification must be maintained annually through the South Carolina Alternative Dispute Resolution Commission. 

Have questions or need assistance. Contact us