Divorce Mediation Attorney in Rock Hill

Mediation has transformed the South Carolina family court system. Divorce and child custody cases once took months to resolve and left many participants feeling displeased with the process. Mediation has made it possible for these cases to conclude much more quickly and leave most parties feeling more satisfied with the outcome.

A key goal of the mediation process is to ensure your best interests are being looked out for, and an experienced Rock Hill, SC, mediation lawyer can help protect your rights.

Contact the attorneys at McKinney, Tucker & Lemel LLC for a confidential consultation to learn more about how we can help.

What Is Mediation?

Mediation is a form of alternative dispute resolution where the parties involved maintain complete control of the outcome. During mediation, divorcing spouses or parents in a child custody and child support dispute and their attorneys meet with a mediator, a neutral third party who facilitates a productive discussion to help them work through their differences.

It’s not the mediator’s job to outline a solution. Instead, they help the disputing parties work together toward a mutually agreeable resolution. They do this by helping the parties identify their individual wants and needs, determine where those needs are in conflict or agreement, and work toward an acceptable compromise. The mediator helps the parties explore options they may not have considered, opening the door to solutions that benefit everyone involved.

Mediation is effective because it gets both parties actively engaged in crafting a solution that resolves their case efficiently and gives them control over the outcome. It helps keep cases out of court while ensuring everyone’s best interests are being met.

Is Mediation Mandatory in a South Carolina Divorce?

Mediation is mandatory in most divorce cases in South Carolina, and courts will generally approve divorce and child custody agreements reached through the mandatory mediation process.

Disputing parties are not required to resolve their case through mediation, though — the only requirement is that they make an effort to do so. That said, many family law cases reach a successful outcome with a mediator’s help and never reach the courtroom.

How Will a Mediator Be Selected?

The process of choosing a mediator may be left to the court, or parties may choose their own mediator. Our Rock Hill mediation lawyers can help you secure the services of a qualified individual to mediate your dispute. Mediators typically have significant knowledge and understanding of family law and are trained in dispute resolution.

The South Carolina Alternative Dispute Resolution guidelines cover the process of selecting a mediator and other matters related to the mediation process.

How Much Does Divorce Mediation Cost in South Carolina?

A court-appointed mediator costs $200 per hour. Mediators may charge for up to one hour of preparation time and may require reimbursement for mileage and up to $150 of expenses advanced on the disputing parties’ behalf.

When the parties select their own mediator, the cost of the mediator’s services will be determined by mutual agreement.

Are the Mediator’s Fees Split Between the Two Parties in the Divorce?

In most cases, the divorcing parties or parents will split the cost of mediation evenly, to be paid at the conclusion of their meeting. There may be exceptions based upon prior agreement or when one party petitions the court for a waiver of mediation fees.

Who Is Allowed to Be Present During Mediation?

Mediation is a private process, with only the parties, their Rock Hill mediation lawyers, and the neutral mediator being required to attend. However, other attendees may be permitted if everyone else agrees to their presence.

For example, in child custody cases in which either or both parties have remarried, the children’s stepparents are allowed to participate.

Are the Mediation Proceedings Confidential?

In addition to being private proceedings, mediation meetings are also confidential. Everyone present is bound by a code of confidentiality regarding matters discussed during mediation. That makes it possible for parties to speak openly, honestly, and freely in their effort to come to an agreement. Information disclosed during mediation cannot be used in other legal contexts, with limited exceptions.

Once an agreement has been reached, all parties generally waive confidentiality regarding the terms of the agreement.

What Are the Benefits of Mediation?

The mediation process is required because it provides some notable benefits compared to having the court hand down a decision. Examples include:

• More Control Over the Outcome — Your situation is unique because the parties involved are unique. You and your ex know what’s best for you and your family in a way a judge never can. Mediation makes it easier to work toward what you know are your best interests.
• Greater Efficiency — Mediation encourages a swift and mutually agreeable resolution to your divorce or child custody case. That makes it easier to move forward with your life.
• Lower Cost — Because it takes more time, litigation is also more costly. Mediation keeps costs low, making it easier to preserve your funds for the future.
• Keeps the Focus on Your Family — Particularly in child custody cases, mediation helps you focus on your children and their needs. By collaborating to arrive at an agreeable solution, you set a positive example for your kids and build a foundation for a stronger co-parenting relationship going forward.

It pays to cooperate with your ex and make the mediation process work if it is possible. Your attorney can help you reap the benefits of the process and lay the foundations for a positive outcome.

What Happens After Divorce Mediation?

If mediation helps you reach an agreement, the attorneys and the mediator will assemble the necessary paperwork and submit it to the court. When the judge approves and signs the paperwork, your agreement is finalized.

You might not be able to finalize every detail of your divorce or child custody case through mediation. Outstanding contested issues may have to be resolved in court, although your Rock Hill mediation lawyer will work with you and the other party to settle out of court if possible.

Contact a Rock Hill Mediation Lawyer

The mediation process has helped countless people in York County, Lancaster County, Chester County, and surrounding areas come to agreements regarding their challenging divorce and child custody cases. At the law firm of McKinney, Tucker & Lemel LLC, we understand the role mediation plays in achieving positive outcomes for our clients and their families. We’re eager to help you get through a difficult situation.

Contact us today for a confidential consultation with a Rock Hill mediation attorney who understands the law, respects the challenges you’re experiencing, and is ready to help you work toward a positive resolution.

Visit Our Rock Hill Mediation Law Offices