Alternative Dispute Resolution: Mediation & Arbitration

 

What is mediation? 

 

Mediation is a confidential meeting between opposing parties and a neutral third party who helps facilitate compromise. The neutral third party in mediation is not a decision-maker. The mediator only helps guide the parties to a point where they can mutually decide on a way to settle their dispute. Mediation is an informal process and does not following the strict rules of evidence or procedure used in a court of law.  

 

Coming to an agreement is ultimately up to the parties. The mediator encourages discussion and helps the parties move the dispute towards a resolution. Mediation is a non-binding process. It does not prevent the parties from pursuing the dispute further through litigation, unless the parties reach an agreement and mutually agree to be bound by its terms.

 

What is arbitration? 

 

Arbitration is also a confidential process, and another means of avoiding litigating a dispute in court. Unlike mediation, the neutral third party in arbitration renders a binding decision in favor of one of the parties. The process is more formal than mediation, but less formal than litigation. The arbitrator acts as both judge and jury, and the arbitrator's binding decision generally cannot be appealed. Moreover, arbitration is generally more costly than mediation. 

 

 

Is alternative dispute resolution mandatory in South Carolina? 

 

Yes. The Court-Annexed Alternative Dispute Resolution (ADR) Rules govern mandatory ADR in South Carolina civil suits, and in South Carolina Family Courts. The following South Carolina counties are subject to mandatory ADR:  

 

Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Cherokee, Clarendon, Colleton, Darlington, Dorchester, Florence, Georgetown, Greenville, Hampton, Horry, Jasper, Kershaw, Lee, Lexington, Marion, Oconee, Orangeburg, Pickens, Richland, Spartanburg, Sumter, Union, Williamsburg, York.