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Arbitration is less formal than a court of law, even though the parties do present their cases to a decision-maker. ADR is now mandatory in all 46 counties in South Carolina for circuit and family court.
The first step in the ADR process is to engage in public hearings between the parties and the Court, usually taken in an office setting, designed to monitor the status of a case in order to ensure adequate progress is being made by all parties. This step is called Case Management Conference.
Know What You're Asking For.Determine What the Disagreements Are.Schedule the Mediation Session Thoughtfully.Make Sure You Have What You Need.Make Sure the Other Side Has Someone Present With the Authority to Settle the Case.Know What Your Absolutes Are, and Know Where You Can Compromise.Use a Caucus.
Agreements reached in mediation are not legally binding, unless the parties sign a statement agreeing to be bound to the agreement in law. The mediator will not make a decision for the parties, but can draw up an agreement with terms each party agrees to.
The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration. Read more about these ADR processes, when they may or may not be appropriate or watch a video demonstration.
Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration.
The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.
The most common examples of ADR include settlement following direct negotiation between opposing parties, mediation (negotiation mediated by a neutral third party), arbitration (where a neutral third party acts as an arbiter to issue a final decision regarding a dispute), conciliation, and facilitation.