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Holland & Usry, P.A.

What is mediation in family court in South Carolina?

Mediation is a form of alternate dispute resolution required in most family court actions as a way to resolve disputes between the parties without the necessity of trial. If you are going through a divorce and/or custody case, your case will be mediated, if it has not been already, prior to a contested final hearing.

What to Expect From Mediation

In mediation, a neutral third party attempts to assist the parties in negotiating a settlement. Most of the time, the parties’ attorneys are present. Most mediators place the parties, with their respective attorneys, in separate rooms and move back and forth trying to narrow the disputed issues.

If an agreement can be reached on some or all of the issues, an agreement can be drafted and signed by the parties and their lawyers. Once this occurs, absent special circumstances, the agreement is enforceable and cannot be changed except by agreement of both parties.

Why You Need a Lawyer

Mediation, like all aspects of family court, should be taken very seriously. You need an advocate on your side who knows how to protect your interests. Too often, I see folks squander their opportunity at reaching an agreement and avoiding the expense and acrimony of a full-blown trial. On the other side of the coin, I often see folks enter into an agreement that is poorly worded or one-sided, which the person is likely stuck with. An experienced family court attorney can help you avoid these pitfalls.

If you are going through a divorce and/or custody case and have questions as to mediation or your case in general, it is important to have a lawyer on your side. If you would like to discuss your case with a lawyer, do not hesitate to call toll-free at 888-230-1841 and set up a consultation.