South Carolina Divorce Mediation

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Divorce is a complicated and stressful process. This complete process entails a set of legal formalities that are to be fulfilled by the divorcing parties. In order to conduct flawless and adequate legal proceedings, the divorcing parties primarily require to make themselves updated with related laws and rights of their state. Generally, the state court expects the settlement of all marital issues prior by the clients itself. However, in few of the cases, some issues remain unresolved and hence, the court orders some specific sessions to be attended by the divorcing parties. These sessions are commonly called mediation, which greatly contributes to provide useful advice regarding the settlement of marital issues. This process also helps to deal with all confusions and queries that are associated with all legal processes like legal separation or divorce occurring between two spouses and other such related issues. Divorce mediation in South Carolina assists people to resolve all their issues prior to the final hearing in the court.

Rules for mediators in South Carolina Divorce Mediation

In this state, if a family mediator wishes to be enlisted in the court certified lists of mediators, then the following conditions must be fulfilled:

  • The mediator must be a mental health professional or a licensed lawyer of good standing
  • Must have attended the family mediation course of 40 hours

In spite of the above rules, any individual can attend mediation training. Divorcing parties are free to choose a mediator who is not a mental health professional or a lawyer. The mediator cannot offer legal advice to the divorcing parties while the mental health professional is not supposed to offer therapy. The divorce mediator has to discuss the principles of family law with the divorcing parties.

When should South Carolina divorce mediation not be opted?

  • In spite of the help of the mediator,the parties are unable to converse freely and honestly with each other
  • Lack of the ability to understand the process of the other party
  • Intimidation or emotional instability
  • Past record of substance abuse or physical abuse in marital life

The Agreement to Mediate consists of the following issues

  • Both parties make agreements to reveal records that are asked for by the mediator
  • Confidentiality of the process
  • Fees of the mediator and the payment of those
  • Protection of the mediator from any involvement in litigation or subpoena

Types of Mediation

Court ordered mediation:

  • This is required by the Court as a part of the divorce proceeding
  • Is generally limited to visitation and child custody issues
  • Often no fee is charged for the mediation sessions
  • The mediator makes a report to the Court

Private mediation:

  • Private mediation frequently includes property division and financial issues apart from visitation and child custody issues
  • An hourly or per session fee is charged for the mediation sessions
  • Generally confidential and no report is submitted to the Court

When is divorce mediation likely to succeed?

The mediation session is usually ordered in the case where most of issues remain unresolved between the spouses. However, the actual significance of mediators can be made depending on the circumstances between the parties.

  • One partner does not consider the other partner entirely responsible for the separation
  • One partner does not wish that the other partner should admit any wrongdoing and compensate for it in some way
  • Due to the self values or the reason of having children, the partners desire to remain on good terms with each other
  • There is no possibility of reconciliation
  • Both partners have mutually agreed to have a divorce
  • There is no past record of physical violence
  • One spouse is not scared of the other
  • While the partners were married, none of them have spoken lies regarding any important matter to each other
  • Both partners are aware of their economical conditions
  • Each partner has the opinion that the other partner is a good parent
  • During the marital status, drug or alcohol abuse was never an issue

Eventually the divorce mediation in South Carolina is usually a confidential process that allows the divorcing individual and the concerned attorney to discuss all marital issues. This particular session shares the burden of family courts by making a fair and justifiable decision during divorce proceedings

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