Who can mediate a case?
What is Mediation?
How is Mediation different from Court?
When do you mediate a case?
What does mediation cost?
Who can be a Mediator?
Certified Mediators must complete a forty hour educational program and meet the other requirements set forth by the South Carolina Judicial Department.
South Carolina now has a mandatory mediation requirement in Family Court. All contested cases are subject to mediation before a final hearing can be scheduled.
What is Mediation?
Mediation is an informal process in which a third-party mediator facilitates settlement discussion between parties. Any settlement is voluntary. In the absence of settlement, the parties lose none of their rights to trial in Family Court. Mediation conferences are private and all communications made there are confidential.
How is Mediation different than Court?
Mediation allows the parties to control the resolution of their disputes. Because the parties control the process, their views and concerns are heard and acknowledged. Mediation helps the parties to reach resolutions that they may not have considered or that may not be commonly used in court, which gives the parties a more beneficial outcome. In mediation, both parties reach their own agreement which helps limit future problems. A successful mediation can result in a quicker resolution of disputes at a lower cost. Court time is minimal, as it is only necessary for the approval of the mediated agreement rather than a contested hearing.
When do you Mediate a case?
Mediation can be completed before your Family Court case is filed. Mediation is a less expensive alternative to litigation. If you would like to mediate your case before it goes to Court, and all parties agree, a mediation consultation is necessary.
Mediation must be completed prior to a final hearing being scheduled in a contested case. A contested case is any case where the parties do not agree on at least one issue and the court must make a determination and issue a ruling on the issue.
What does Mediation cost?
The Mediator shall be paid a fee of $175.00 per hour per the rules, but mediators can charge higher fees based on experience. Parties should be prepared to pay for up to four hours of mediation when they arrive. Some mediations are scheduled for the full day and eight hours would be required. Court rules require the equal division of these fees unless otherwise agreed upon. Compensation is not contingent upon the success of the Mediator.
M. Brooks Moss, PA
As a Certified Family Court Mediator, M. Brooks Moss can provide Mediation services to you.
Please call the office for questions and to make arrangements for scheduling.