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Essentially, mediation might be called ?assisted negotiation? where the mediator assists the parties to a resolution of their dispute. This is the concept that forms the basis for mediation's ?win-win? perspective.

The mediation conference usually begins with the mediator explaining the rules governing the process to the parties and their lawyers. The mediator will meet privately with the parties and their counsel to better understand the issues involved and to begin the process of facilitating a resolution of the dispute.

South Carolina Mediator roster requirements vary for Circuit Court and Family Court Mediator Certification. Both require mediators to be admitted to practice law and be a member in good standing of the South Carolina Bar, or be admitted to practice law in the highest court of another state.

For most cases, there is mandatory mediation in South Carolina Family Court. Mediation is an alternative dispute resolution process in which the parties get together to attempt settlement with the help of a neutral (referred to as the ?mediator?). The mediation process is used in divorce cases and child custody cases.

First, an individual must complete a 40-hour mediation training program that is approved by the South Carolina Board of Arbitrator and Mediator Certification. This training program covers topics such as conflict resolution, communication skills, and negotiation techniques.

Mediation is mandatory in all contested Family Court cases in South Carolina. As a result of mediation, parties often enter into written agreements, which are binding on the parties pursuant to Rule 43 (k) of the South Carolina Rules of Civil Procedure.