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Arbitration and Mediation

 

Definitions

 

Mediation
An informal process in which a third-party mediator facilitates settlement discussions between parties. Any settlement is voluntary. In the absent of settlement, the parties lose none of their rights to trial by judge or jury.

 

Mediator
A neutral person who acts to encourage and facilitate the resolution of a dispute.


Arbitration
An informal process in which a third-party arbitrator issues an award deciding the issues in controversy. The award may be binding or non-binding. In the event that the parties have chosen binding arbitration, than the arbitrator's award may be entered as judgment of the court. If the award issued by the arbitrator is non-binding, the parties lose none of their rights to proceed to trial by judge or jury. The arbitration process identified in these rules is non-binding arbitration, provided that any parties dissatisfied with the arbitrator's award files a timely demand for trail de novo pursuant to Rule 7(c) (within 30 days).

 

Arbitrator
A neutral person who acts to decide the issues in controversy of a dispute.

 

Neutral
A mediator or arbitrator.

 

Certified
The term "certified" as used herein shall mean a mediator or arbitrator who is certified by the South Carolina Supreme Court Board of Arbitrator and Mediator Certification.

 

Forms and Links

 

Circuit Court Arbitration
(PDF format, from SC Bar Association)

 

Circuit Court Mediation
(PDF format, from SC Bar Association)

 

Family Court Mediation
(PDF format, from SC Bar Association)

 

South Carolina Bar Association

 

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