Not every case goes to trial. In fact, in today’s litigation landscape, the vast majority of civil lawsuits never make it to a jury.
There are a host of reasons that alternative dispute resolution (ADR) has become the primary means by which civil disputes are resolved. From a practical standpoint, arbitration or mediation reduces costs and eliminates the time and stress of a trial. Information obtained during the discovery process remains confidential. The parties retain control of the decision making process, giving them the authority to resolve their differences without a judge or jury to do it for them.
Moreover, by order of the South Carolina Supreme Court effective January 1, 2016, all counties in South Carolina now have a mandatory ADR process for every civil suit filed in the South Carolina Circuit Courts.
A mediation is only as effective as its mediator. In order for the process to succeed, the parties need a mediator who is reputable and trustworthy based on his or her experience as a litigator in the state and federal courts of South Carolina. The mediator should be neutral and impartial, while simultaneously being able to facilitate a discussion about the strengths and weaknesses of the dispositive issues in the case that will move the parties toward a resolution.