The process of mandatory mediation offers both parties the opportunity to engage in productive discussions through a third-party mediator.

Some may consider this old news, but if you are currently going through a divorce or child custody matter, the term mandatory mediation may be new to you. By Order of the South Carolina Supreme Court, divorce and child custody cases filed on or after June 1, 2013, in Spartanburg, Cherokee, and Union Counties are subject to mandatory mediation.

So, what is Mediation? 

• • Mediation is a legal process by which parties to a legal action have the opportunity to present each side’s issues to a third party. This mediator discusses those concerns with each side in an attempt to help the parties resolve their dispute outside of court.
  • On the date of mediation, both parties meet at a specific place, usually the mediator’s office or the office of either party’s attorney.
  • The mediator, all the parties, and their attorneys are present throughout the mediation.
  • Both parties must be in full agreement for the mediation to be considered successful and for the matter to be resolved.
  • Once mediation is complete, the mediator issues a report.  The parties’ attorneys then coordinate the drafting of the mediated agreement. The agreement is then presented to the Family Court for approval.

What are Some Advantages of Mediation?

• • If mediation is successful, the parties leave mediation with the legal dispute resolved.
  • As a result of successful mediation, the parties do not need to pursue trial. They will avoid having to go through the added time and expenses involved with trial preparation and proceedings.
  • The parties reach an agreement through mediation on terms to which each has agreed, rather than leaving the issues unresolved and allowing the presiding judge to determine the outcome at trial.
  • Even if the mediation reaches an impasse (the parties are unable to reach an agreement, and all issues are mediated). The parties leave with a better understanding of each side’s main concerns.
  • The conversations that occur at a mediation are privileged.

What are Some Disadvantages to Mediation?

• • Mediation is an additional cost in the process. The mediator charges an hourly rate for his/her preparation and the time spent in the mediation. The parties’ attorneys’ time preparing for and attending the mediation is also an expense.
  • If the mediation is unsuccessful. It is considered an impasse, and the parties move on to the pretrial and trial phase.

Ultimately, mandatory mediation is not only a necessary step in a contested case’s process. However, it can also be an extremely helpful and efficient step in a divorce or child custody proceeding.