(150+)Mediation is an out-of-court process by which spouses attempt to settle the details of their divorce rather than take the matter to trial. In most South Carolina family law cases, mediation is required. The process can be beneficial versus the traditional litigation route.
But to get the most out of mediation, it’s important to have skilled, effective legal counsel by your side. Let Greenville, SC divorce mediation attorney Angela Frazier advocate for your best interests.
The Basics of Divorce Mediation in South Carolina
Mediation is a form of alternative dispute resolution (ADR) in which divorcing spouses confidentially negotiate various matters such as property division, alimony, child support, and child custody. A neutral third party, known as a mediator, oversees this process.
Divorce mediators do not represent either spouse and cannot force either spouse to agree to anything. But they can help the parties weigh the benefits of settlement versus the risks of trial.
Mediation is required for most South Carolina divorces. The divorce mediator, who usually has extensive family law experience and has been trained to help divorcing spouses, is either chosen by the spouses or appointed by the Family Court.
The mediator’s fee is split equally between the parties unless otherwise agreed or ordered.
Only the spouses, their lawyers, and the mediator have the right to attend mediation. Other individuals can attend if all parties consent to it.
During mediation, the parties often remain in separate rooms with their attorneys without seeing each other. The mediator will meet separately with both sides and, as negotiations continue, start to draft the outline of a settlement agreement.
What Are the Benefits of Mediation?
Compared to trial, there are numerous potential advantages to divorce mediation in South Carolina.
They include:
- Saving time, money, and stress: Mediation usually takes less time and costs less money than going to court, and occurs in the more relaxed setting of an attorney’s office.
- Control: Rather than have a judge decide the outcome of the divorce, spouses may determine (with few restrictions) their own terms.
- Personal knowledge: Spouses know much more about their marriage than a judge ever will and are therefore in the best position to reach a mutually agreeable settlement.
- Creativity: With the assistance of a divorce mediation attorney you can settle your case with customized, unique terms that a judge likely would not order at trial.
- Confidentiality: Because mediation is confidential (with limited exceptions), if it fails and a trial becomes necessary a spouse cannot bring up settlement discussions in court.
- Privacy: Trials are public and potentially embarrassing events, while mediation protects the privacy of the spouses and their children.
- Facilitating communication: Successful divorce mediation makes future communication and cooperation with the ex-spouse easier, which is particularly beneficial if they have children together.
Benefits of Having a Lawyer During Your Mediation
Retaining a divorce mediation attorney is not required but is strongly recommended. It should be stressed that divorce mediators cannot give legal advice and therefore cannot advise either for or against including certain terms in the settlement. This is the role of an attorney.
Your lawyer can explain the legal consequences of agreements you may reach with the other spouse concerning child custody, child support, alimony, and equitable distribution.
Ultimately, the advantage of having legal representation is that your lawyer can help you decide whether to settle the divorce or take it to trial. This involves weighing the benefits of settling against the risks of what a judge may decide. It also requires consideration of your arguments and positions in the divorce and how the law may impact them.
What Are the Likely Outcomes of Divorce Mediation?
Although spouses are required in most cases to attend in mediation and participate in good faith, they may or may not settle all issues related to their divorce.
Whatever the spouses can settle during mediation will be reduced to a written separation agreement, which is then sent to the judge for his or her review and approval. If the judge signs off on the agreement, it will then be entered as a court order that will be binding on both spouses.
Any matters that are not settled in mediation will go to trial. Although mediation discussions and offers to settle are protected by confidentiality, the process can provide valuable insight to what the opposing party may argue at trial. So even if mediation fails you can proceed with a fuller understanding of what might happen in court.
Contact Our Greenville Divorce Mediation Attorney
Divorce mediation is something you need to understand if your marriage is coming to an end.
Attorney Angela Frazier understands how difficult this time may be and is there for you when you need questions answered.
If you want to learn more about how this process works, reach out to Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC. We can represent you during mediation and, if necessary, in court. Give us a call today.
