Mediation provides a method for people with disputes or conflicts to exercise their own choices and discretion and to regain a sense of control over their lives in resolving disputes. It is a means by which you can be an active participant in the decision making process and have direct involvement in the determination of your destiny. Mediation is an informal process in which a trained, impartial third party (a mediator) assists disputing parties in working through and reaching a mutually acceptable agreement regarding their dispute.
During the mediation session, the issues are identified, misunderstandings are clarified, possible solutions are discussed and agreements negotiated. Participation in mediation does not prevent the parties from pursuing other options if they do not reach an agreement. The mediator is not a judge and does not render or impose a solution on either party. Mediation is about finding a solution that works for both parties.
In Greenville County, mediation is required in civil cases in Circuit and Family Court before the case goes to a judge or jury for final disposition. In most Counties in South Carolina Mediation is required or preferred in almost all cases. However, people can mediate most any dispute, even before it goes to court, in addition to Circuit Court types of cases (i.e. contract disputes, injury, etc.) and Family Court cases (property, child custody, visitation and support issues).
The Childs Law Firm also mediates Magistrate Court types of disputes, family disputes, employee/employer, home owner association, property, nuisance complaints, and lawsuits under $7,500. Mediation usually proves less costly and time-consuming than litigation because the mediation process focuses on solutions immediately. The parties need not engage in lengthy court proceedings, etc. In mediation, there are NO attendant costs and exhibit preparation cost.
Conflicts that may take years to resolve in court, can be resolved at a fraction of the cost through mediation. The mediation itself is confidential in that the mediator cannot be subpoenaed into Court to testify as to what was said during mediation. This allows the parties to openly discuss issues without threat of having this information repeated in Court.
Mr. Childs is a certified Circuit Court mediator. He’s been involved in over 1,000 mediations over the past 20 years in Federal Court, Circuit Court and Family Court. Call us today to resolve your dispute.
In a divorce matter, a mediator helps couples work out a mutual agreement on issues of parenting, financial support and property division.
In civil disputes, a mediator helps the parties to the dispute find ways to resolve their dispute without resorting to litigation. In litigation, juries can only award money damages, but in mediation, the party’s settlement can be more flexible.
✓ Parties want to settle their disputes on their own with the assistance of a mediator
✓ Couples have made the decision to divorce and need to resolve differences.
✓ Couples are unsure about divorce, but have decided to live separate from each other.
✓ Parties want to avoid the expense, delays and uncertainties of litigation.
✓ Parties wat the other to take some action in addition to, or instead of, the payment of money damages.
Remember, it is not necessary for parties to be in agreement, only that they agree to mediate their disagreements.