Mediation is an alternative form of dispute resolution which is growing in popularity because of its many advantages over traditional courtroom litigation to resolve South Carolina divorce cases.

Although most marriage vows include the phrase, 'until death do us part,' statistics show that less than 50 percent of marriages in the U.S. will actually last that long. Unfortunately, divorce has become much more commonplace than any other time in history - both in South Carolina and across the nation. Also, much more commonplace these days is out-of-wedlock children being born to couples who are romantically involved. As a result, as these modern-day relationships fall apart, mediation and other alternative forms of dispute resolution have grown in popularity as a way for people to exert more control over the outcomes of their court cases. While traditional courtroom litigation is always an option for couples choosing to divorce or decide custody post-break-up, the mediation process now required by the South Carolina Family Court may be a great option for those who either don't want to litigate in court or simply can't afford to do so.

How Does Family Court Mediation Work?

Mediation sessions offer divorcing or separated couples a way to civilly discuss all of the issues surrounding the end of their marriage, including child custody issues, equitable distribution of the marital assets and debts, alimony and other support issues, and the payment of attorney or expert fees. When a case is litigated in court, the judge is the ultimate "decider" of what the final order will include, while cases that are resolved through mediation allow the parties to be in control of what their agreement includes or doesn't include. Mediation sessions take place usually in an attorney's or mediator's office and under the guidance and direction of a chosen professional mediator.

We always recommend that our clients select either certified Family Court mediators or retired Family Court judges in order to ensure the best success rates for each mediation session. Mediators aren't allowed to give legal advice to either party, but experienced family court mediators can offer some insight into what might happen at trial if the parties are not able to reach a full resolution of their case through the mediation process. This can be very helpful for family court litigants as they make decisions about which issues on which they may or may not want to compromise.

What Are The Advantages of Mediation For Family Law Litigants?

According to the American Bar Association, there are several advantages to choosing mediation over traditional courtroom litigation. Some of the examples they list are:

• The mediation process tends to be more affordable for many clients.

• It offers clients the ability to customize their settlement.

• Generally, the mediation process is a quicker way to create a full settlement. Many couples can reach a full agreement after just one or two mediation sessions, depending on the complexity of the issues in their case.

• Mediation sessions take place in a relaxed and non-confrontational atmosphere. Litigants often tell us that this results in less stress and anxiety for them and allows them to focus on creative solutions to resolve the case to everyone's satisfaction.

• At the end of the day, people are generally more likely to follow a court order that they have helped create, which leads to lower legal bills when the case is over.

How Can My Attorney Help During the Mediation Process?

Whether you are ordered to participate in the mediation process or you choose to try it as a first step in your litigation process, an experienced South Carolina family court attorney is an essential partner in any divorce. A lawyer can offer personalized representation to ensure you get everything that you are entitled to during the divorce process according to the facts of your case and how South Carolina case law applies to those facts. Rather than attempt to make these crucial decisions on your own, it's always best to have experienced legal counsel attend mediation with you to help guide your decisions.

How has the Mediation Process Changed Since COVID-19?

Since the COVID-19 pandemic has hit our world, it's important to note that mediations have, in many ways, become the preferred method of handling case resolutions, especially once lengthy court closures and limited access to court hearings caused lengthy delays in many family court cases. Mediators have developed safe ways to conduct both virtual and in-person mediations throughout South Carolina and many report they have seen an increase in amicable resolutions following mediations. Further, since mediations are being handled virtually on a broader scale, litigants are no longer bound by local geography when choosing a well-qualified mediator. Some of the best mediators in South Carolina are now conducting remote mediations for cases in cities and counties they typically did not practice prior to the pandemic.