Frequently Asked Questions

1. What is the Upstate Community Mediation Center?
2. What is mediation?
3. How does mediation differ from arbitration?
4. What types of disputes can be mediated?
5. Why is mediation cheaper and faster than litigation?
6. Is mediation confidential?

1. What is the Upstate Community Mediation Center?

Upstate Community Mediation Center is a non-profit organization that offers a voluntary alternative to the Court process by solving disputes through the use of mediation. The Center offers services to all people regardless of their ability to pay.

2. What is mediation?

Mediation is a method of conflict resolution which uses a negotiation process between two or more parties to arrive at a mutual agreement. It is a voluntary process in which an unbiased/neutral third-party mediator assists with settlement talks. Any agreement the parties reach is voluntary. The mediator does not decide the dispute, but rather helps the parties reach an agreement. If the parties involved do not reach an agreement, they lose none of their rights to proceed to court.

3. How does mediation differ from arbitration?

In arbitration, the arbitrator decides the matter like a judge. However, in mediation, the mediator helps the parties by facilitating communication of issues and ideas between the parties. It is a win-win situation since the parties ultimately are the ones who decide the matter.

4. What types of disputes can be mediated?

In Greenville County, mediation is required in civil cases in Circuit and Family Court before the case goes to a judge or jury for final disposition.

However, people can mediate most any dispute, even before it goes to court in addition to Circuit Court types of cases (i.e. contact disputes, injury, etc.) and Family Court cases (property, child custody, visitations and support issues), also mediate Magistrate Court types of disputes, family disputes, employee/employer, home owner association, property, nuisance complaints, lawsuits under $7,500 - which is the Magistrate Court Jurisdiction, etc). Call us to find out if your dispute is good for mediation.

5. Why is mediation cheaper and faster than litigation?

Mediation usually proves less costly and time-consuming than litigation because the mediation process focuses on solutions immediately. The parties need not engage in lengthy court proceedings, etc. In mediation, there are are also NO attendant costs and exhibit preparation cost. Conflicts that may take years to resolve in court, can be resolved at a fraction of the cost through mediation.

6. Is mediation confidential?

Yes. Mediation provides two layers of confidentially. First, the mediation itself is confidential in that the mediator cannot be subpoenaed into Court to testify as to what was said during mediation. This allows the parties to openly discuss issues without threat of having this information repeated in Court.