Mediation

Mediation
Mediation is an informal method of Alternative Dispute Resolution that involves a trained third party (mediator or mediation panel) helping disputing parties negotiate a settlement to their conflict. Instead of presenting cases in a courtroom, each side meets privately with the mediator, as well as in joint sessions with the mediator and the other side.  Unlike arbitration, mediation is always nonbinding because the mediator does not have the power to impose a resolution upon the parties. Rather, the role of the mediator or mediation panel is to help the parties reach their own resolution. Mediation seeks solutions that satisfy all parties, and because the parties are empowered to control the outcome, the potential exists for a solution that addresses the interests of all parties. While courts are limited by law to specific remedies, mediation is limited only by the nature of the problem and the parties' own creativity.

Once an agreement is reached through mediation and a judge approves it, the conditions of the agreement are legally binding. If no agreement is reached, the plaintiff still has the right to pursue these (and other) disputes in court:

  • Contract Disputes
  • Real Estate and Construction Defects
  • Divorce, Child Custody, and Child Support Actions
  • Employment and Discrimination Matters
  • Business, Corporate, and Partnership Disputes

Additionally, many counties in South Carolina are under Orders which require mediation in all actions before the matter can proceed to trial.

Attorneys of the Upstate Law Group, LLC have experience in the different areas of ADR.  Managing Partner, Candy M. Kern-Fuller, Esq., has been a certified mediator and arbitrator for over a decade.  Additionally, Ms. Kern-Fuller holds an advanced certification in employment mediation.

The Upstate Law Group stands ready to meet with all concerned parties to assure them of our objectivity, professionalism and competence.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential or time-sensitive information to us until such time as an attorney-client relationship has been established.