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| What is mediation? |
Mediation is a private, informal process in which a neutral, trained professional assists individuals in resolving questions or conflicts arising from separation, divorce, or other family disputes.
Unlike a judge in a trial, a mediator does not impose a decision on the parties. In mediation, the parties themselves decide whether and how to settle a dispute.
The mediator guides the parties through the discussions of their problems or issues that need to be resolved and facilitates alternative solutions for resolution of the dispute.
Parties can opt to mediate at any time, including before they actually separate and begin the legal divorce process. On the other hand, many who choose mediation may already have retained lawyers.
Most often attorneys are not present during mediation sessions. However, the parties are encouraged to have their respective lawyers review any settlements which result from the mediation.
It is important to understand that while mediations are conducted out of court, individuals who attempt to settle their differences through mediation do not lose any of their rights to go to court if mediation is unsuccessful.
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This answer was supplied by:
Susan S. Quinn, Attorney at Law
Please mention SearchaMediator.com when contacting this South Carolina Divorce Mediator |
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| What issues can be mediated? |
Because of its relatively flexible nature, each mediation process can be adapted to meet the specific needs and concerns of the people who choose to use it to settle their disputes.
Therefore, mediation can be used to resolve conflicts involving virtually any issue. Family mediation can be especially helpful in resolving problems surrounding separation, parenting,
child support, alimony, division of marital property and debt, pre-nuptial agreements, custody disputes arising after a divorce decree and grandparent visitation.
Since the mid-1990's the Family Courts in some counties in South Carolina have required mandatory mediation whenever child custody or visitation is contested.
Other counties require mediation of any disputed issues, including propertry division and financial support.
In counties that require mediation, the Family Court may make an exception to mandatory mediation for special circumstances including geographical considerations (the parties live a long distance apart), incapacity of a party due to mental or physical illness, domestic violence, substance abuse, child abuse, and a prior attempt at voluntary mediation with a certified mediator.
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This answer was supplied by:
Susan S. Quinn, Attorney at Law
Please mention SearchaMediator.com when contacting this South Carolina Divorce Mediator |
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| What are the benefits of divorce mediation? |
- Mediation is private and practical. It allows for focused, uninterrupted conversation in an informal setting. Conferences are private and confidential, and information discussed cannot be used in court.
- Parties are free to select their own mediator and schedule their own mediation conferences.
- Mediation usually takes less time than the traditional legal process.
- Mediation protects and empowers by recognizing the interests of all parties.
- Mediation allows the parties to reach their own resolution or settlement, and the terms of any settlement are decided voluntarily.
- Mediation recognizes that all parties have legitimate needs and helps develop alternatives to meet those needs.
- Mediation offers a "win-win" solution, rather than a "win-lose" or "lose-lose" resolution.
- Mediation typically costs less and takes less time.
- Mediation focuses on the present and future; not on the past
- Mediations be scheduled at a time that is convenient to all parties.
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This answer was supplied by:
Susan S. Quinn, Attorney at Law
Please mention SearchaMediator.com when contacting this South Carolina Divorce Mediator |
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| What is the cost of the mediation? |
The mediation process is generally much less expensive to the parties and the court system. The charges of a mediator are billed at an hourly rate.
The cost is generally divided between the parties, but other financial arrangements may be agreed to by the parties.
In some cases where the parties are unable to afford the usual mediation fees, reduced rates may be available.
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This answer was supplied by:
Susan S. Quinn, Attorney at Law
Please mention SearchaMediator.com when contacting this South Carolina Divorce Mediator |
Return to list of Questions
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