Dealing with divorce in court can be taxing, often placing parties under heavy stress. Because of this, many states, including South Carolina, have turned to mediation to simplify the proceedings and reduce the mental, emotional and financial burden on the parties involved.
Mediation is a form of alternative dispute resolution that allows divorcing spouses to negotiate the terms of their separation with the assistance of a neutral third-party mediator. The question many South Carolinians face is whether this step in the divorce process is mandatory.
Only mandatory in certain circumstances
While it is strongly encouraged, mediation is not always mandatory in all divorces. Instead, South Carolina requires mediation in specific situations, such as contested divorces, where the parties fail to agree on key divorce issues such as property division, child custody or support.
The rationale behind this mandate is to encourage settlements without the need for a trial, which can be costly and time-consuming for both the parties and the court system.
Court-ordered vs. voluntary mediation
Under a court order, spouses must complete the mediation process before the divorce proceedings can move forward in court. This requirement underscores the state’s preference for couples to resolve their disputes amicably and privately. Nonetheless, while mediation is mandatory in these cases, reaching an agreement through mediation is not. The spouses must simply make efforts to negotiate in good faith even if they end up not coming into terms after the process.
On the other hand, mediation may not be necessary for those going through an uncontested divorce, where both parties agree on all issues. However, even in these cases, couples may voluntarily opt for mediation to ensure a smooth and amicable resolution.
However, mediation is not appropriate in certain situations, cases in which courts do not issue an order to mediate or allow parties to privately settle.
Streamline your divorce with the guidance of a reliable mediator
If you are going through family law matters and expect mediation down the road, it is advisable to consider the services of a seasoned certified mediator. Taking this proactive step can help you reduce potential legal and court expenses.
