South Carolina Mediation Agreement
Description
How to fill out Mediation Agreement?
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FAQ
Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting. In this sense, the parties remain always in control of a mediation.
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.
Mediation is Mandatory in South Carolina To decrease the heavy burden on the South Carolina family courts, the parties may be ordered to try and resolve their differences prior to a final hearing. However, you are only required to attend and to mediate in good faith.
In mediation, a qualified person called a mediator assists the parties in resolving the dispute. A mediator has the education, training and experience required to help the parties settle the matter. The parties make the decisions, not the mediator. The mediator does not coerce or force a party to take a position.
A mediation agreement becomes binding once both parties sign it. Therefore, you should thoroughly review mediation agreements before signing them, as the contract becomes legally enforceable once you sign the document. In some circumstances, a mediation agreement will be found unenforceable.
The benefit of attending mediation is that mediation is a non-binding process. This means that parties cannot force the other to enter into an agreement or resolution. Rather, the parties must voluntarily agree to accept any resolutions.
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.
The mediator does not coerce or force a party to take a position. The parties maintain control of the outcome. They can either settle the matter in mediation or go forward with the litigation process or some other form of ADR. Mediation is generally confidential.
