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FAQ

What is mediation?

A process in which two or more parties in conflict agree to work towards understanding and resolving their differences with the help of a neutral third party.

Is mediation mandatory?

  • Some form of Alternative Dispute Resolution (ADR) is mandatory in all circuit court and family court cases in all 46 South Carolina counties
  • Additionally, probate and magistrate court judges may order mediation in cases if they deem it necessary
  • Parties may request relief from any mediation requirement by motion and relief shall be given freely for good cause shown

If only one party qualifies for MMCC services, will our case be accepted for mediation by the MMCC?

Yes, your case will be accepted, so long as at least one party qualifies for pro bono/low bono services.

Do both parties have to pay the application fee?

Yes, both parties need to pay the $25 application fee. This is a nominal but important fee that helps the MMCC maintain its services.

If fees for mediation are assessed to me, can I set up a payment plan to pay those fees?

No. Fees are expected to be paid in full (online) within 7 days from the date you receive notice that your mediation session has been scheduled.

If I want to attend mediation but the other party does not, will you schedule the mediation based on my request?

If there is a court order mandating mediation through the MMCC by a certain date, and if that date is within 90 days of the date of your request to us, we will schedule mediation in order to comply with the court order. Otherwise, we need both parties to agree to use our services before we will schedule mediation.

I can not afford an attorney. Can I attend mediation without an attorney?

Nobody is required to have an attorney in order to use MMCC services. However, it is always recommended that you consult with an attorney if you have a court case pending or if you believe that there will be a court case filed. Then you can make an informed decision about whether to proceed “pro se” (as a “self represented litigant”) or with an attorney representing you. Following are four organizations in the Lowcountry, listed in alphabetical order, that provide free/reduced rate legal services: